Flemings

Kevin Tyrone Flemings v. Darrin Bright

Good Law
United States District Court, Northern District of CaliforniaJanuary 5, 20264:16-cv-06808California401 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 KEVIN TYRONE FLEMINGS, Case No. 16-cv-06808-JSW

Plaintiff, ORDER GRANTING MOTION TO

CEASE TRUST DEDUCTIONS;

v. DENYING MOTION TO VACATE;

INSTRUCTIONS TO CLERK

DARRIN BRIGHT, Re: Dkt. Nos. 29, 31 Defendant.

Plaintiff, a California prisoner proceeding pro se, filed this civil rights action. After he was granted leave to proceed in forma pauperis (“IFP”), Defendant moved to revoke Plaintiff’s IFP status under 28 U.S.C. § 1915(g). The motion was granted, leave to proceed in forma pauperis was revoked, and, when Plaintiff did not pay the filing fee by the deadline, the case was dismissed without prejudice. Plaintiff recently filed a motion for an order directing prison officials to cease deductions of his filing fees and motion to vacate the order revoking his IFP status. Because Plaintiff’s IFP status was revoked under 28 U.S.C. § 1915(g) and this case was dismissed for failure to pay the filing fee, he is not obligated to pay the…

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