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)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10
11
TONY EUGENE SAFFOLD,
12
13
Case No.: 1:10-cv-01295 LJO MJS (PC)
ORDER REDESIGNATING MATTER
AS PRISONER CIVIL RIGHTS ACTION
Plaintiff,
v.
14
15
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
16
17
18
19
20
21
Plaintiff is a state prisoner proceeding pro se. On July 21, 2010, Petitioner filed a
22
petition for writ of habeas corpus with the Court. The petition was denied on May 12,
23
2011. (ECF No. 20.) On August 26, 2016, the Ninth Circuit vacated and remanded the
24
matter back to this Court. (ECF No. 36.) On September 27, 2016, the Court dismissed
25
the petition for writ of habeas corpus and ordered Plaintiff to procced by way of a civil
26
rights complaint should he choose to continue to litigate the action. On November 17,
27
2016, Plaintiff filed a first amended civil rights complaint. (ECF No. 45). Plaintiff then
28
filed an application to proceed in forma pauperis on December 2, 2016. (ECF No. 46.)
1
1
Having filed a civil rights complaint, Plaintiff has evidenced his intent to convert
2
this matter originating as a petition for writ of habeas corpus to a civil rights action under
3
42 U.S.C. ยง 1983. Accordingly, the Court hereby orders that the mater be re-designated
4
with the following case number:
1:10-cv-01295 LJO MJS (PC)
5
6
Failure to use the new case number could result in filings not being associated with and
7
filed in the instant case.
8
Further, Plaintiff has made the showing required by ' 1915(a) for in forma
9
pauperis status and accordingly, the request to proceed in forma pauperis will be
10
granted. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. 28
11
U.S.C. ' 1915(b)(1). Plaintiff is obligated to make monthly payments in the amount of
12
twenty percent of the preceding month=s income credited to plaintiff=s trust account. The
13
California Department of Corrections and Rehabilitation is required to send to the Clerk
14
of the Court payments from plaintiff=s account each time the amount in the account
15
exceeds $10.00, until the statutory filing fee is paid in full. 28 U.S.C. ' 1915(b)(2).
16
17
18
19
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);
20
2. Plaintiff's application to proceed in forma pauperis is GRANTED;
21
3. The California Department of Corrections and Rehabilitation shall
22
collect payments from plaintiff=s prison trust account in an amount equal to
23
twenty per cent (20%) of the preceding month=s income credited to the
24
prisoner=s trust account and shall forward those payments to the Clerk of
25
the Court each time the amount in the account exceeds $10.00, in
26
accordance with 28 U.S.C. ' 1915(b)(2), until a total of $350.00 has been
27
collected and forwarded to the Clerk of the Court. The payments shall be
28
clearly identified by the name and number assigned to this action.
2
1
4. The Clerk of the Court is directed to serve a copy of this order and a copy
2
of plaintiff=s in forma pauperis application on the Director of the California
3
Department of Corrections and Rehabilitation, via the court's electronic case filing
4
system (CM/ECF).
5. The Clerk of the Court is directed to serve a copy of this order on the
5
6
Financial Department, U.S. District Court, Eastern District of California.
7
IT IS SO ORDERED.
8
9
Dated:
January 18, 2017
/s/
Michael J. Seng
UNITED STATES MAGISTRATE JUDGE
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?