(PC) Anderson v. Rose ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TUANJA EDWARD ANDERSON, No. 2:18-cv-1216 JAM KJN P 12 Plaintiff, 13 v. ORDER 14 C. ROSE, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner, proceeding pro se. On October 4, 2019, plaintiff’s in forma 18 pauperis status was revoked. On December 18, 2019, this case was dismissed based on plaintiff’s 19 failure to pay the court’s filing fee in full. Plaintiff seeks an order notifying the California 20 Department of Corrections and Rehabilitation (“CDCR”) that plaintiff should not be charged for 21 the court’s partial filing fees and reimbursing the $5.00 plaintiff has already paid. 22 Good cause appearing, plaintiff’s request is granted. The order requiring the CDCR to 23 withdraw funds toward plaintiff’s filing fee is vacated, and the Financial Department is directed 24 to refund plaintiff the sum of $5.00. See Jameson v. Rawers, 2009 WL 981390, at *2 (E.D. Cal. 25 Apr. 9, 2009) (where prisoner’s in forma pauperis status is revoked, partial filing fee should be 26 reimbursed). 27 //// 28 //// 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. Plaintiff's request (ECF No. 52) is granted; 3 2. The October 6, 2018 order directing the Director of the CDCR to collect funds from 4 | plaintiffs prison trust account (ECF No. 11) is vacated; 5 3. The Financial Department of this court is directed to refund plaintiff the sum of $5.00; 6 | and 7 4. The Clerk of the Court is directed to serve copies of this order on the Director, 8 | California Department of Corrections and Rehabilitation, 1515 S Street, Sacramento, California 9 | 95814, and the Financial Department of the court. 10 | Dated: March 3, 2020 Aectl Aharon 12 KENDALL J. NE UNITED STATES MAGISTRATE JUDGE 13 /ande1216.ref 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28