McCabe
(PS) Bettencourt v. McCabe
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
GARY RAY BETTENCOURT, Case No. 1:17-cv-00646-DAD-SAB
Plaintiff, ORDER REGARDING PLAINTIFF’S
REQUEST CONCERNING PAYMENT OF
v. THE FILING FEE FOLLOWING
DISMISSAL OF THIS ACTION
BRIAN MCCABE, et al., (ECF No. 31) Defendants.
15 I. INTRODUCTION AND BACKGROUND Plaintiff Gary Ray Bettencourt is a state prisoner who proceeded pro se and in forma pauperis in this civil rights action brought pursuant to 42 U.S.C. § 1983. On December 26, 2017, the District Judge dismissed this action without leave to amend, but without prejudice to any state law claims Plaintiff may wish to bring in state court. (ECF No. 15.) Judgment was entered that same date. (ECF No. 16.) The Court also directed the Clerk of the Court to process Plaintiff’s notice of appeal attached to objections, and forwarded such to the Ninth Circuit. (ECF No. 15 at 2.) On April 11, 2018, the District Judge found the appeal to be frivolous, and revoked 25 …