Michael J. Coe v. James A. Yates

Filing 5

ORDER GRANTING in forma pauperis status; order signed by Judge Dennis L. Beck on 5/21/07. (Rooney, M)

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(DLB)(PC)Michael J. Coe v. James A. Yates Doc. 5 Case 1:07-cv-00683-ALA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Defendant. 16 17 vs. JAMES A. YATES, MICHAEL J. COE, Plaintiff, Document 5 Filed 05/21/2007 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 1:07-CV-00683-AWI-NEW(DLB) P ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS / Plaintiff is a prisoner proceeding pro se. Plaintiff seeks relief pursuant to 42 U.S.C. 1983 and 18 has requested leave to proceed in forma pauperis pursuant to 28 U.S.C. 1915. This proceeding was 19 referred to this court by Local Rule 72-302 pursuant to 28 U.S.C. 636(b)(1). 20 Plaintiff has submitted a declaration that makes the showing required by 1915(a). Accordingly, 21 the request to proceed in forma pauperis will be granted. 28 U.S.C. 1915(a). 22 Pursuant to 28 U.S.C. 1915(b)(1), enacted April 26, 1996, plaintiff is required to pay the 23 24 currently without funds. Accordingly, the court will not assess an initial partial filing fee. 28 U.S.C. 25 26 27 28 The statutory filing fee for all civil actions except applications for writs of habeas corpus is $350.00. See 28 U .S . C . 1914(a). 1 statutory filing fee of $350.00 for this action.1 Plaintiff has been without funds for six months and is 1 Dockets.Justia.com Case 1:07-cv-00683-ALA 1 2 3 4 5 6 7 8 9 10 11 220hhe 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Document 5 Filed 05/21/2007 Page 2 of 2 1915(b)(1). Plaintiff is obligated to make monthly payments of 20 percent of the preceding month's income credited to plaintiff's prison trust account. These payments shall be collected and forwarded by the appropriate agency to the Clerk of the Court each time the amount in plaintiff's account exceeds $10.00, until the filing fee is paid in full. 28 U.S.C. 1915(b)(2). In accordance with the above, IT IS HEREBY ORDERED that: 1. Plaintiff's request for leave to proceed in forma pauperis is granted. 2. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. The fee shall be collected and paid in accordance with this court's order to the Director of the California Department of Corrections filed concurrently herewith. IT IS SO ORDERED. Dated: May 21, 2007 /s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE 2

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