Carley v. Gentry et al

Filing 39

ORDER that Plaintiff's Motion Requesting Return of Overpayment (ECF No. 29 ) is GRANTED in part as stated herein order; the Clerk is directed to return $225 to Plaintiff as an overpayment of the filing fee amount in this matter. As requested by Plaintiff, $225 will be sent to Craig Spencer, 11425 McCormick Rd, #57, Jacksonville, FL 32225. Signed by Magistrate Judge Cam Ferenbach on 4/25/2019. E-service to Finance on 4/26/2019. (Copies have been distributed pursuant to the NEF - LH)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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ELIZABETH CARLEY,
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Plaintiff,
2:17-CV-02670-MMD-VCF
ORDER

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vs.
JO GENTRY, et al.,
Defendants.

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Before the court is Plaintiff’s Motion Requesting Return of Overpayment (ECF NO. 29).

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The decision on Plaintiff’s IFP application was initially deferred to allow the parties an opportunity

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to resolve this matter at the Inmate Early Mediation Conference. (ECF No. 3). No resolution was reached

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at the IEM. On December 6 2018, Plaintiff’s IFP application was granted. (ECF No. 9). The Order states,

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“pursuant to 28 U.S.C. § 1915(b)(2), the Nevada Department of Corrections shall pay to the Clerk of the

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United States District Court, District of Nevada, 20% of the preceding month’s deposits to Plaintiff’s

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account (Elizabeth Carley, #1095997), in the months that the account exceeds $10.00, until the full

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$350.00 filing fee has been paid for this action. The Clerk of the Court shall SEND a copy of this order to

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the Finance Division of the Clerk’s Office. The Clerk of the Court shall also SEND a copy of this order

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to the attention of the Chief of Inmate Services for the Nevada Department of Corrections, P.O. Box 7011,

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Carson City, NV 89702.” Id at p. 2.

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In Plaintiff’s February 5, 2019 letter, she acknowledged that her IFP application has been granted,

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and that she is paying the filing fee because she does not want money deducted from her inmate account.

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(ECF NO. 18).

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In the instant motion, Plaintiff is requesting a return of $128 to her inmate account and a return of

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$225 to Craig Spencer. (ECF NO. 29). Plaintiff is incorrect in her calculation of the overpayment filing

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fee amount.

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According to the Court’s accounting record, $175 was received from Plaintiff and $400 was

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received from Craig Spencer (as payment for Plaintiff’s filing fee), for a total of $575. As stated in ECF

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No. 9, the filing fee is $350; thus, the amount over paid is $225.

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Accordingly,

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IT IS HEREBY ORDERED that Plaintiff’s Motion Requesting Return of Overpayment (ECF NO.

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29) is GRANTED in part as stated above.

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IT IS FURTHER ORDERED that the Clerk of Court return $225 to Plaintiff as an overpayment

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of the filing fee amount in this matter. As requested by Plaintiff, $225 will be sent to Craig Spencer,

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11425 McCormick Rd, #57, Jacksonville, FL 32225.

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DATED this 25th day of April, 2019.
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CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE