(PC) Kendrid v. Singh ( 2020 )

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 FORREST KENDRID, No. 2:19-CV-1944-JAM-DMC-P 12 Plaintiff, 13 v. ORDER 14 KARANDEEP SINGH, 15 Defendant. 16 17 Plaintiff, a civil detainee proceeding pro se, brings this civil rights action pursuant 18 to 42 U.S.C. § 1983. Pending before the Court is plaintiff’s motion (ECF No. 21) for refund of 19 partial filing fees paid pursuant to the Court’s January 8, 2020, order which has been vacated. 20 On January 8, 2019, the Court granted plaintiff’s motion for leave to proceed in 21 forma pauperis. That order directed prison officials, pursuant to the Prison Litigation Reform Act 22 (PLRA), to forward monthly payments to the Court until the filing fee was paid in full. On July 23 21, 2020, the Court vacated the January 8, 2019, order as having been issued in error because 24 pretrial detainees are not subject to the fee payment provisions of the PLRA. See Page v. Torrey, 25 201 F.3d 1136, 1138-40 (9th Cir. 2000). Given the foregoing, the Court finds it appropriate to 26 direct that any partial payments made to the Court pursuant to the January 8, 2019, order be 27 refunded to plaintiff’s prison trust account. A review of the Court’s financial records reflects that 28 to date $143.00 has been paid to the Court. This amount will be refunded. MADE SADE EMT PAINE IVING YUU POI OPE Oy ev 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. Plaintiff's motion (ECF No. 21) for a refund of partial filing fees paid is 3 | granted; 4 2. The Court orders that $143.00 be refunded to plaintiff’s prison trust 5 | account; and 6 3. The Clerk of the Court is directed to serve a copy of this order on the 7 | Financial Department. 8 9 10 | Dated: August 10, 2020 Ssvcqo_ DENNIS M. COTA 12 UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28