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SANDERS v. YARBOROUGH

No. B179103.

40 Cal.Rptr.3d 565 (2006)

137 Cal.App.4th 764

Phillip C. SANDERS, Plaintiff and Appellant, v. Michael YARBOROUGH et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division Eight.

March 13, 2006.

Attorney(s) appearing for the Case

Phillip C. Sanders, in pro. per., for Plaintiff and Appellant.

Bill Lockyer, Attorney General, James M. Humes, Chief Assistant Attorney General, Frances T. Grunder, Assistant Attorney General, Darrell Lepkowsky and G. Michael German, Deputy Attorneys General, for Defendants and Respondents.

FLIER, J.

This is an action brought by a prisoner incarcerated in a California state prison, appellant Phillip C. Sanders. The trial court struck the complaint and dismissed the action because Sanders failed to pay the full amount of the filing fees required by law. We reverse with directions.

FACTUAL BACKGROUND AND STATUTORY FRAMEWORK

Sanders's action was filed on June 5, 2003. The action named three employees of the California Department of Corrections...

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