Anderson v. Mendoza et al

Filing 41

ORDER signed by Magistrate Judge Deborah Barnes on 12/04/19 DENYING 39 Motion to reimburse. The Clerk of the Court is directed to send plaintiff a copy of the Case Inquiry Report associated with this action. (Plummer, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ERIC ANDERSON, 12 Plaintiff, 13 14 No. 2:17-cv-1244 KJM DB P v. ORDER B. MENDOZA, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se and in forma pauperis with an action 18 pursuant to 42 U.S.C. § 1983. On December 12, 2020, the undersigned recommended that 19 defendants’ motion to dismiss be granted. (ECF No. 22.) Thereafter, the District Judge assigned 20 to this case adopted the recommendations, the case was dismissed, and judgment was entered. 21 (ECF Nos. 26, 27.) Plaintiff filed a notice of appeal on March 7, 2019. (ECF No. 28.) Presently 22 before the court is plaintiff’s second motion to reimburse overpayment of the filing fee. (ECF 23 No. 39.) 24 On October 23, 2019 plaintiff filed a one-page motion requesting that $76.00 be credited 25 to his trust account because he had already paid the filing fee in full. (ECF No. 36.) The court 26 denied the motion without prejudice because plaintiff had not provided any documentation 27 showing that he had paid the filing fee in full and that additional funds were taken from his prison 28 trust account. (ECF No. 38.) 1 Plaintiff has now refiled the motion along with a copy of his prison trust account 2 statement covering March 2018 through August 2019. (ECF No. 39.) Plaintiff states that in April 3 2019 his mother personally paid the remaining balance of the filing fee, but the prison trust office 4 has continued to collect funds from his prison trust account. He now states that $66.97 of 5 overpayment have been sent to the court and requests that amount be returned to his account. 6 Court records indicate that the filing fee for the present action has been paid in full, but that 7 plaintiff still owes approximately $400.00 for the appeal filed in this action. Because it appears 8 that the complained of withdrawals are unrelated to the filing fee for this action, the court will 9 deny the motion for reimbursement of the filing fee. 10 Accordingly, IT IS HEREBY ORDERED that: 11 1. Plaintiff’s motion to reimburse (ECF No. 39) is denied; and 12 2. The Clerk of the Court is directed to send plaintiff a copy of the Case Inquiry Report 13 14 associated with this action. Dated: December 4, 2019 15 16 17 18 19 20 21 22 23 DB:12 24 DB:1/Orders.Prisoner.Civil.Rights/ande1244.fee2 25 26 27 28 2

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