LeBlanc v. Alameda County Jail
Filing
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ORDER by Judge Claudia Wilken DENYING PLAINTIFFS 13 MOTION FOR REFUND OF MONIES PAID TOWARD FILING FEE. (Attachments: # 1 Certificate/Proof of Service) (ndr, COURT STAFF) (Filed on 8/10/2012)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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THEODORE LEBLANC, JR.,
ORDER DENYING PLAINTIFF’S
MOTION FOR REFUND OF MONIES
PAID TOWARD FILING FEE
Plaintiff,
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No. C 11-01246 CW (PR)
v.
(Docket no. 13)
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ALAMEDA COUNTY JAIL,
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Defendant.
________________________________/
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Plaintiff, a state prisoner, filed this pro se civil rights
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action pursuant to 42 U.S.C. § 1983, claiming the violation of his
United States District Court
For the Northern District of California
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constitutional rights when he was incarcerated at the Alameda
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County Jail.
The Court granted Plaintiff’s motion for leave to
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proceed in forma pauperis (IFP).
In so doing, the Court sent to
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Plaintiff and the Prison Trust Account Office a copy of the
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Northern District’s “Instructions for Payment of Prisoner’s Filing
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Fee,” which explain that when a prisoner is granted leave to
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proceed IFP under 28 U.S.C. § 1915, funds will be deducted from his
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prison trust account and sent to the court’s financial office until
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the filing fee has been paid in full.
Docket no. 3.
Additionally,
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Plaintiff was told in the IFP order that the filing fee for this
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action is $350.00.
Id.
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On September 7, 2011, the Court dismissed the action with
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prejudice for failure to state a claim upon which relief may be
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granted.
Plaintiff appealed.
Subsequently, the Ninth Circuit
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dismissed the appeal because of Plaintiff’s failure to perfect the
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appeal.
Plaintiff moved the Ninth Circuit to reinstate the appeal;
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the request was denied without prejudice.
Docket no. 12.
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Now pending before this Court is Plaintiff’s request that
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funds withdrawn from his prison trust account and forwarded to the
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court’s financial office to pay his filing fee after his case was
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dismissed be refunded to him.
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explained to Plaintiff when he was granted leave to proceed IFP,
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under 28 U.S.C. § 1915 funds will continue to be withdrawn from his
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prison trust account and forwarded to the court’s financial office
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until the $350.00 filing fee has been paid in full.
The request is DENIED.
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This Order terminates Docket no. 13.
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IT IS SO ORDERED.
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United States District Court
For the Northern District of California
As the Court
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DATED: 8/10/2012
CLAUDIA WILKEN
United States District Judge
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