Saffold v. Hartley

Filing 48

ORDER REDESIGNATING Matter as Prisoner Civil Rights Action; ORDER GRANTING Application to Proceed In Forma Pauperis 46 ; ORDER DIRECTING payment of Inmate Filing Fee by California Department of Corrections and Rehabilitation, signed by Magistrate Judge Michael J. Seng on 1/18/2017. (Attachments: # 1 IFP APPLICATION)(Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TONY EUGENE SAFFOLD,

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Case No.: 1:10-cv-01295 LJO MJS (PC)
ORDER REDESIGNATING MATTER
AS PRISONER CIVIL RIGHTS ACTION

Plaintiff,
v.

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ORDER GRANTING APPLICATION
TO PROCEED IN FORMA PAUPERIS

JAMES HARTLEY, Warden,
Defendant.

(ECF No. 46)
ORDER DIRECTING PAYMENT OF
INMATE FILING FEE BY CALIFORNIA
DEPARTMENT OF CORRECTIONS AND
REHABILITATION

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Plaintiff is a state prisoner proceeding pro se. On July 21, 2010, Petitioner filed a

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petition for writ of habeas corpus with the Court. The petition was denied on May 12,

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2011. (ECF No. 20.) On August 26, 2016, the Ninth Circuit vacated and remanded the

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matter back to this Court. (ECF No. 36.) On September 27, 2016, the Court dismissed

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the petition for writ of habeas corpus and ordered Plaintiff to procced by way of a civil

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rights complaint should he choose to continue to litigate the action. On November 17,

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2016, Plaintiff filed a first amended civil rights complaint. (ECF No. 45). Plaintiff then

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filed an application to proceed in forma pauperis on December 2, 2016. (ECF No. 46.)
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Having filed a civil rights complaint, Plaintiff has evidenced his intent to convert

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this matter originating as a petition for writ of habeas corpus to a civil rights action under

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42 U.S.C. § 1983. Accordingly, the Court hereby orders that the mater be re-designated

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with the following case number:
1:10-cv-01295 LJO MJS (PC)

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Failure to use the new case number could result in filings not being associated with and

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filed in the instant case.

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Further, Plaintiff has made the showing required by ' 1915(a) for in forma

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pauperis status and accordingly, the request to proceed in forma pauperis will be

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granted. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. 28

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U.S.C. ' 1915(b)(1). Plaintiff is obligated to make monthly payments in the amount of

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twenty percent of the preceding month=s income credited to plaintiff=s trust account. The

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California Department of Corrections and Rehabilitation is required to send to the Clerk

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of the Court payments from plaintiff=s account each time the amount in the account

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exceeds $10.00, until the statutory filing fee is paid in full. 28 U.S.C. ' 1915(b)(2).

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In accordance with the above and good cause appearing therefore, IT IS
HEREBY ORDERED that:
1. The Clerk of Court re-designate the case with the following case number:
1:10-cv-01295 LJO MJS (PC);

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2. Plaintiff's application to proceed in forma pauperis is GRANTED;

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3. The California Department of Corrections and Rehabilitation shall

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collect payments from plaintiff=s prison trust account in an amount equal to

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twenty per cent (20%) of the preceding month=s income credited to the

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prisoner=s trust account and shall forward those payments to the Clerk of

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the Court each time the amount in the account exceeds $10.00, in

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accordance with 28 U.S.C. ' 1915(b)(2), until a total of $350.00 has been

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collected and forwarded to the Clerk of the Court. The payments shall be

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clearly identified by the name and number assigned to this action.
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4. The Clerk of the Court is directed to serve a copy of this order and a copy

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of plaintiff=s in forma pauperis application on the Director of the California

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Department of Corrections and Rehabilitation, via the court's electronic case filing

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system (CM/ECF).
5. The Clerk of the Court is directed to serve a copy of this order on the

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Financial Department, U.S. District Court, Eastern District of California.

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IT IS SO ORDERED.
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Dated:

January 18, 2017

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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