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Miller v. California State Prison

IN THE UNITED STATES DISTRICT FOR THE EASTERN DISTRICT OF CALIFORNIA


March 12, 2009

ERNEST MILLER, PLAINTIFF,
v.
CALIFORNIA STATE PRISON, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Sandra M. Snyder United States Magistrate Judge

ORDER DENYING SECOND MOTION SEEKING ADVANCEMENT OF $1,000.00, WITH PREJUDICE

(Doc. 40)

Plaintiff Ernest Miller ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On January 12, 2009, Plaintiff filed his second motion seeking $1,000.00 in "advancement funds."*fn1 (Doc. 40.)

The Court already addressed this issue in an order filed on August 25, 2008. There exists no fund from which Plaintiff may be advanced money for legal supplies and other items. Tedder v. Odel, 890 F.2d 210 (9th Cir. 1989). Plaintiff's motion is devoid of legal support and is HEREBY DENIED, with prejudice.

IT IS SO ORDERED.


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