(PC) Harris v. Dube

Filing 29

ORDER signed by Magistrate Judge Dennis M. Cota on 7/8/2024 DENYING plaintiff's 26 motion for reimbursement of funds. (Yin, K)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID D. HARRIS, 12 No. 2:23-CV-1664-DMC-P Plaintiff, 13 v. 14 J. DUBE, ORDER 15 Defendant. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 17 18 42 U.S.C. § 1983. Pending before the Court is Plaintiff’s motion for reimbursement of funds. 19 See ECF No. 26. On September 15, 2023, the Court granted Plaintiff’s application for leave to 20 21 proceed in forma pauperis and directed partial monthly payments of the $350.00 filing fee. See 22 ECF No. 8. That order was vacated on May 1, 2024, when, upon further review of the docket, it 23 was noted that Plaintiff paid the filing fees in full on September 7, 2023. See ECF No. 22. The 24 May 1, 2024, order directed that any overpayments received as a result of the September 15, 25 2023, order directing partial monthly payments be returned to Plaintiff. See id. A review of the 26 Court’s Financial Department records reflects that $34.05 was returned to Plaintiff as an 27 overpayment and that, currently, no funds are due by Plaintiff or owed to Plaintiff by the Court. 28 /// 1 1 While Plaintiff contends in the current motion that he remains owed $315.95, the 2 Court’s records do not reflect any such overpayment owed to Plaintiff pursuant to the May 1, 3 2024, order. It appears that the “Inmate Obligation History” attached to Plaintiff’s motion 4 reflects amounts owed under the Court’s original September 15, 2023, order directing partial 5 payments until $350.00 had been paid in full. The statement does not reflect money owed by or 6 to Plaintiff. Moreover, the Inmate Obligation History has been rendered moot by Plaintiff’s full 7 payment on September 7, 2023, and the Court’s May 1, 2024, order. 8 9 Accordingly, IT IS HEREBY ORDERED that Plaintiff’s motion for reimbursement of funds, ECF No. 26, is DENIED. 10 11 Dated: July 8, 2024 ____________________________________ DENNIS M. COTA UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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