IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
October 25, 2010
JOHNNY CLIFFORD JACKSON, PETITIONER,
G. SWARTHOUT, RESPONDENT.
Petitioner is a state prisoner proceeding pro se with a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On March 23, 2010, the court granted petitioner leave to proceed in forma pauperis; subsequently, petitioner submitted the $5.00 filing fee, erroneously believing that payment of the filing fee was necessary to avoid dismissal of his federal habeas action. Petitioner now asks that the filing fee be refunded.*fn1
Accordingly, IT IS HEREBY ORDERED that: 1. Petitioner's October 1, 2010 request that his $5.00 filing fee be refunded (Doc. No. 23) is granted; and
2. The Clerk of the Court is directed to provide a copy of this order to the Financial Department.