Lopez v. Calderon
Appellant is an inmate in the Security Housing Unit (SHU) at the California State Prison in Corcoran. Appellant was convicted of second degree murder in Stanislaus County in 1991, and sentenced to an indeterminate life term with the possibility of parole.
Appellant's argument misconstrues the impact of the court's erroneous order on waiver of fees. It is undisputed that appellant filed his complaint on January 3, 2002. The court's erroneous order did not prevent the complaint from being filed or strike the complaint because he failed to make fee payments. Instead, the court's erroneous order permitted the complaint to be filed but prohibited appellant from filing additional motions or pleadings until he complied with the fee payment order. In the interim, appellant only tried to file a motion for appointment of counsel and for default against respondents based on their alleged failure to respond to the complaint. The court's erroneous fee waiver order did not toll the period for appellant to exhaust administrative remedies, and "proper" exhaustion was dependent upon the status of his administrative remedies at the time he filed or "brought" the complaint, on January 3, 2002. (Woodford, supra, 126 S.Ct. at pp. 2386-2388; Vaden v. Summerhill, supra, 449 F.3d at pp. 1049-1051.)
The judgment is affirmed.
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