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Tony Edward Powell v. Madden

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


February 26, 2013

TONY EDWARD POWELL,
PLAINTIFF,
v.
MADDEN, ET AL.,
DEFENDANTS.

The opinion of the court was delivered by: Michael J. Seng United States Magistrate Judge

ORDER DENYING MOTION TO TRANSFER FILING FEE FROM ANOTHER ACTION (ECF No. 4)

Plaintiff Tony Edward Powell ("Plaintiff") is a former state prisoner proceeding pro se in a civil rights action pursuant to 42 U.S.C. § 1983.

This action was initiated on January 14, 2013. (ECF No. 1.) On February 11, 2013, Plaintiff filed a motion with the Court requesting that the filing fee paid in 1:12-cv-1527-AWI-BAM, Powell v. George, be transferred to cover the filing costs in Plaintiff's current action.

Pursuant to Local Rule 121(c) the Clerk cannot file any paper, issue any process, or render any other service for which a fee is prescribed by statute until the required fee is paid.. In order to initiate a civil action, parties must pay a $350.00 filing fee.*fn1 28 U.S.C. § 1914. Neither the statute nor the local rule authorize filing fees to be transferred from one action to another.

Accordingly, Plaintiff's motion is DENIED.

IT IS SO ORDERED.


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