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Quezada v. Poole

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


February 13, 2007

JOSE QUEZADA, PLAINTIFF,
v.
THOMAS POOLE, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Hugh B. Scott United States Magistrate Judge

ORDER

This matter has been referred to the undersigned, pursuant to 28 U.S.C. § 636(b)((1)(B) and (C) (Docket No. 8). Before the Court is plaintiff's motion challenging imposition of the new amount for the Court's filing fee (Docket No. 6).

On April 6, 2006, the Court received plaintiff's pro se prisoner civil rights Complaint (Docket No. 1) along with his application to proceed in forma pauperis and an authorization, pursuant to 28 U.S.C. § 1915(b),*fn1 authorizing the correctional facility in which plaintiff was confined to pay a $150.00 filing fee from his inmate account (Docket No. 2). At the time of the filing of the Complaint on April 6, 2006, the filing fee for civil actions was $250.00, not $150.00. However, on May 10, 2006, the Court directed plaintiff to submit another authorization which authorized the correctional facility to pay a $350.00 filing fee, instead of the $250.00 filing fee (Docket No. 4). This Order was issued in error because effective April 9, 2006, the filing fee was increased to $350.00, but at the time the Complaint was filed three days prior the fee was only $250.00.*fn2

Accordingly, plaintiff's motion (Docket No. 6) is granted in part, denied in part. The Clerk of the Court is directed to take all necessary action to ensure that the correctional facility pay or paid no more than $250.00 from plaintiff's inmate account, and that if more than $250.00 was paid to the Clerk of the Court any amount paid over and above $250.00 must be reimbursed to plaintiff's inmate account. Once the Clerk of the Court indicates that the full filing fee of $250.00 has been paid, the Court will issue a Scheduling Order for this action.

SO ORDERED.

Buffalo, New York


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