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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ERIC ANDERSON,

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Plaintiff,

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

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.) Plaintiff filed a notice of appeal on March 7, 2019. (ECF No. 28.) Presently

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before the court is plaintiff’s second motion to reimburse overpayment of the filing fee. (ECF

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No. 39.)

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On October 23, 2019 plaintiff filed a one-page motion requesting that $76.00 be credited

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to his trust account because he had already paid the filing fee in full. (ECF No. 36.) The court

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denied the motion without prejudice because plaintiff had not provided any documentation

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showing that he had paid the filing fee in full and that additional funds were taken from his prison

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trust account. (ECF No. 38.)

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Plaintiff has now refiled the motion along with a copy of his prison trust account

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statement covering March 2018 through August 2019. (ECF No. 39.) Plaintiff states that in April

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2019 his mother personally paid the remaining balance of the filing fee, but the prison trust office

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has continued to collect funds from his prison trust account. He now states that $66.97 of

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overpayment have been sent to the court and requests that amount be returned to his account.

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Court records indicate that the filing fee for the present action has been paid in full, but that

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plaintiff still owes approximately $400.00 for the appeal filed in this action. Because it appears

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that the complained of withdrawals are unrelated to the filing fee for this action, the court will

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deny the motion for reimbursement of the filing fee.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion to reimburse (ECF No. 39) is denied; and

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2. The Clerk of the Court is directed to send plaintiff a copy of the Case Inquiry Report

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associated with this action.
Dated: December 4, 2019

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DB:12

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DB:1/Orders.Prisoner.Civil.Rights/ande1244.fee2

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