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Shon Dathen Rucker v. Honorable Gary Paden

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


June 15, 2011

SHON DATHEN RUCKER,
PLAINTIFF,
v.
HONORABLE GARY PADEN, ARTHUR HAMPAR, NEAL PEDIWITZ,
VISALIA POLICE DEPARTMENT, STERLING SECURITY,
TULARE PUBLIC DEFENDER'S OFFICE,
DEFENDANTS.

The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge

FURTHER ORDER REGARDING PAYMENT OF THE FILING FEE

On June 6, 2011, Plaintiff Shon Dathen Rucker filed a civil rights complaint with this Court. (Doc. 1.) That same date, he filed an Application to Proceed In Forma Pauperis by a Prisoner. (Doc. 2.)

On June 9, 2011, this Court granted Plaintiff's application to proceed without prepayment of fees or costs, and ordered that the statutory filing fee of $350.00 be paid by installments whenever Plaintiff's trust account maintained by the Tulare County Sheriff's Department exceeded a balance of more than $10.00. The order was served on both Plaintiff and the Tulare County Sheriff's Department. (See Doc. 3.)

Thereafter, however, on June 14, 2011, the entire civil case filing fee of $350.00 was paid to and received by the Clerk's Office on Plaintiff's behalf. (Receipt No. CAE100015336.)

Accordingly, the Tulare County Sheriff's Department is ORDERED TO DISREGARD this Court's previous Order dated June 9, 2011. In sum, no monies shall be withheld from Plaintiff's trust account for the purpose of payment of a filing fee in this Court. Finally, the Clerk of the Court is DIRECTED to serve a copy of this Order on the Tulare County Sheriff's Department via United States Mail.

IT IS SO ORDERED.

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20110615

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