Schrubb v. McCumsey et al

Filing 25

Order by Hon. Vince Chhabria granting 24 Motion to waive appeal filing fee.(knm, COURT STAFF) (Filed on 8/27/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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KEVIN R. SCHRUBB,

Case No. 13-cv-05977-VC

Plaintiff,
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v.

ORDER GRANTING PLAINTIFF'S
MOTION TO WAIVE APPEAL FILING
FEE

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E. MCCUMSEY, et al.,

Re: Dkt. No. 24

Defendants.

United States District Court
Northern District of California

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On June 27, 2014, the Court denied Plaintiff Kevin R. Schrubb's motion to dismiss and to

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remand. Schrubb appealed this Order. However, on July 10, 2014, the Court granted Schrubb's

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motion for reconsideration, vacated its judgment and granted his motion to dismiss and remand to

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Del Norte County Superior Court. On July 30, 2014, the Ninth Circuit granted Schrubb's motion

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for the voluntary dismissal of his appeal. Now Schrubb files a motion requesting the dismissal or

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waiver of the filing fee for his appeal. Schrubb states that he filed a motion in the Ninth Circuit

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requesting that he not be charged a filing fee and, on July 28, 2014, he received the Ninth Circuit's

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Order granting his motion. However, on August 8, 2014, he received a fee request of $505.00

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from this Court for the appeal filing fee.

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The Court grants Schrubb's request to waive the filing fee for his appeal. A copy of this
Order shall be sent to the Court's finance department.

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This Order terminates docket number 24.

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IT IS SO ORDERED.

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Dated: August 27, 2014
______________________________________
VINCE CHHABRIA
United States District Judge

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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KEVIN R. SCHRUBB,

Case No. 13-cv-05977-VC

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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E. MCCUMSEY, et al.,
Defendants.

United States District Court
Northern District of California

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.
That on 8/27/2014, I SERVED a true and correct copy(ies) of the attached, by placing said
copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing
said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle
located in the Clerk's office.

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Kevin R. Schrubb
CA Men's Colony State Prison Cell 6347
P.O. Box 8101
San Luis Obispo, CA 93409-8101

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Dated: 8/27/2014

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Richard W. Wieking
Clerk, United States District Court

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By:________________________
Kristen Melen, Deputy Clerk to the
Honorable VINCE CHHABRIA

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