Watts v. Heuermann et al

Filing 24

ORDER by Judge Lucy H. Koh denying 13 Motion for Reconsideration (Attachments: # 1 Certificate/Proof of Service) (mpb, COURT STAFF) (Filed on 3/4/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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MICHAEL L. WATTS,

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Plaintiff,
v.
USPO DOUGLAS HEUERMANN, et al.,

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Defendants.

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No. C 12-3194 LHK (PR)
ORDER DENYING MOTION
FOR RECONSIDERATION

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On June 20, 2012, Plaintiff, proceeding pro se, filed a complaint, pursuant to 42 U.S.C.

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§ 1983, and 5 U.S.C. § 552a. The same day, the Clerk notified Plaintiff that he had not paid the

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filing fee, nor had he filed an application to proceed in forma pauperis (“IFP”). Along with the

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deficiency notice, Plaintiff was provided with an IFP application and instructions for completing

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it. Plaintiff was further cautioned that his failure to filed a completed IFP application, or pay the

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filing fee within thirty days would result in the dismissal of this action. Having received no

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filing fee or completed IFP application, on July 31, 2012, the Court dismissed this action without

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prejudice.

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On September 5, 2012, Plaintiff filed a motion for reconsideration. In his motion, he

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requested the Court re-open his case. Plaintiff alleged that he sent two payments of $175.00

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prior to the deadline date. (Mot., Exs. A, C.) On October 17, 2012, the Court informed Plaintiff

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that because neither check had indicated the purpose for which they were submitted, both checks

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were credited as restitution payments to Plaintiff’s previous criminal case, No. 04-20178 RMW.

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(Dkt. No. 15 at 2.) The Court attached its policy for requesting a refund, if Plaintiff wished to

Order Denying Motion for Reconsideration
G:\PRO-SE\SJ.LHK\CR.12\Watts194recon.wpd

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have his monies refunded. (Id.) On November 2, 2012, Plaintiff requested a refund of his

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money, or in the alternative, for the Court to re-open the instant case and apply the monies to the

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underlying action.

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On February 27, 2012, the Clerk’s Office mailed Plaintiff’s refund of $350.00. Plaintiff’s

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November 2, 2012 request for a refund is GRANTED. Plaintiff’s motion for reconsideration of

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the dismissal is DENIED. The Clerk shall terminate all pending motions. No further filings will

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be accepted in this closed matter.

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IT IS SO ORDERED.
DATED:

3/1/13
LUCY H. KOH
United States District Judge

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Order Denying Motion for Reconsideration
G:\PRO-SE\SJ.LHK\CR.12\Watts194recon.wpd

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