Anderson v. Mendoza et al

Filing 38

ORDER signed by Magistrate Judge Deborah Barnes on 11/12/2019 DENYING without prejudice 36 Motion to Reimburse. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ERIC ANDERSON,

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No. 2:17-cv-1244 KJM DB P

Plaintiff,
v.

ORDER

B. MENDOZA, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis with an action

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pursuant to 42 U.S.C. § 1983. On December 12, 2020, the undersigned recommended that

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defendants’ motion to dismiss be granted. (ECF No. 22.) Thereafter, the District Judge assigned

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to this case adopted the recommendations, the case was dismissed, and judgment was entered.

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(ECF Nos. 26, 27.) Presently before the court is plaintiff’s motion to reimburse overpayment of

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the filing fee. (ECF No. 36.) Plaintiff’s one-page motions states that the court mistakenly took

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approximately $76.00 more than the $350.00 filing fee. Plaintiff requests that $76.00 be credited

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to his trust account.

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Plaintiff’s motion to proceed in forma pauperis was granted on January 25, 2018. (ECF

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No. 7.) Plaintiff was informed that he would be assessed an initial partial filing fee and thereafter

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monthly payments would be sent to the Clerk of the Court until the filing fee was paid in full.

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(Id. at 1-2.) Additionally, an order was sent to the California Department of Corrections and

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Rehabilitation (CDCR) stating that CDCR is required to send the Clerk of the Court an initial

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partial filing fee and payments from plaintiff’s prison trust account each time the amount in the

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account exceeds $10.00, until the statutory filing fee of $350.00 is paid in full. (ECF No. 8.)
The court is unable to grant plaintiff’s motion without documentation showing the alleged

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overpayment. Therefore, the court will deny the motion at this time. However, plaintiff may

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refile the motion along with copies of his prison trust account statements showing that he has paid

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the entire filing fee as well as the extra $76.00.
Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion to reimburse (ECF No.

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36) is denied without prejudice.
Dated: November 12, 2019

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DB:12

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DB:1/Orders.Prisoner.Civil.Rights/ande1244.fee

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