(PC) Dearwester v. California Department of Corrections and Rehabilitation

Good Law
United States District Court, Eastern District of CaliforniaApril 22, 20211:15-cv-00621California334 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 FRANK LEE DEARWESTER, Case No. 1:15-cv-00621-SKO (PC)

Plaintiff,

v. ORDER DENYING MOTION FOR

RELIEF FROM FILING FEE

CALIFORNIA DEPARTMENT OF CORRECTIONS AND (Doc. 11) REHABILITATION, et al., Defendants.

17 Plaintiff is a state prisoner proceeding in forma pauperis. On June 9, 2015, the Court dismissed this action as duplicative. (Doc. 8.) On May 8, 2020, Plaintiff filed a motion requesting relief from the filing fee payments required by 28 U.S.C. § 1915(b). (Doc. 9.) On May 11, 2020, the Court denied the motion. (Doc. 10.) On April 19, 2021, Plaintiff filed a “motion for the disposition of fines” pursuant to California Penal Code § 1205(a). (Doc. 11.) Plaintiff requests that the Court “covert[ ]” the outstanding $350 filing fee in this action into additional “days of imprisonment.” (Id. at 1.) Although Plaintiff now characterizes the filing fee as a “fine,” it is not a fine and has not 27 …

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