Gavaldon v. Cate et al

Filing 9

ORDER VACATING 4 Order on Motion for Leave to Proceed in forma pauperis,. Signed by Judge ARMSTRONG on 10/25/11. (lrc, COURT STAFF) (Filed on 10/27/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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ORDER VACATING ORDER GRANTING
IN FORMA PAUPERIS STATUS AND
RESCINDING DIRECTIVE THAT
PLAINTIFF PAY THE FULL FILING FEE

Plaintiff,
v.
MATTHEW L. CATE, et al.,
Defendants.

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No. C 11-02887 SBA (PR)

DAVID GAVALDON,

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On August 5, 2011, the Court granted Plaintiff in forma pauperis (IFP) status and, pursuant
to 28 U.S.C. § 1915(b), directed the "Prison Trust Account Office" to make monthly deductions
from Plaintiff's trust account until he had paid the full $350.00 filing fee. The Court also instructed
Plaintiff to pay an initial partial filing fee of $196.49. However, the Court's records indicate that
Plaintiff actually paid the full filing fee of $350.00 on July 5, 2011. See Receipt Number
44611007239. Therefore, the Court's Order was in error. The Court's Order granting IFP status to
Plaintiff is VACATED, and the directive that Plaintiff pay the full filing fee is RESCINDED.
The Clerk of the Court shall send copies of this Order to the Court's Financial Office and to
the Prison Trust Accounts Office of Pelican Bay State Prison, as well as to Plaintiff. This Court's
Financial Office shall reimburse Plaintiff for all fee payments that have been deducted from his trust
account and sent to the Court pursuant to the August 5, 2011 Order.
IT IS SO ORDERED.
DATED:

10/25/11
SAUNDRA BROWN ARMSTRONG
United States District Judge

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G:\PRO-SE\SBA\CR.11\Gavaldon2887.vacateIFPgrant.wpd

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

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DAVID GAVALDON,
Case Number: CV11-02887 SBA
Plaintiff,

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For the Northern District of California

United States District Court

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CERTIFICATE OF SERVICE
v.
MATTHEW L. CATE et al,
Defendant.

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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 October 27, 2011, 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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David Gavaldon C15376
Pelican Bay State Prison
P.O. Box 7500
Crescent City, CA 95532
PRISON TRUST ACCOUNT OFFICE
David Gavaldon C15376
Pelican Bay State Prison
P.O. Box 7500
Crescent City, CA 95532

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Dated: October 27, 2011
Richard W. Wieking, Clerk
By: LISA R CLARK, Deputy Clerk

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