Ransom v. Department of Corrections & Rehabilitations, et al.

Filing 16

ORDER GRANTING 13 Motion For Court to Return Plaintiff's Complaint, signed by Magistrate Judge Michael J. Seng on 12/1/2011. The Clerk's Office is directed to return Plaintiffs Complaint to him. Plaintiff's application to proceed in forma pauperis is GRANTED. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BRYAN E. RANSOM,
Plaintiff,

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CASE NO.

1:11-cv-0068-AWI-MJS (PC)

ORDER GRANTING MOTION FOR COURT
TO RETURN PLAINTIFF’S COMPLAINT

v.
(ECF No. 13)
DEPARTMENT OF CORRECTIONS &
REHABILITATION, et al.,
Defendants.
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Plaintiff Bryan E. Ransom (“Plaintiff”) is a state prisoner proceeding pro se in this
civil rights action pursuant to 42 U.S.C. § 1983.

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On March 9, 2011, pursuant to 28 U.S.C. § 1915(g), the Court denied Plaintiff the

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right to proceed in forma pauperis and dismissed his action without prejudice to refiling

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contemporaneous with the submission of the $350.00 filing fee. (Order, ECF No. 3.) The

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Court also found that Plaintiff did not meet the imminent danger exception. (Id. at 1-2.)

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Plaintiff filed a Motion to Reconsider the Court’s ruling regarding his in forma pauperis

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status (ECF No. 5). That Motion was denied (ECF No. 6). Plaintiff then appealed the

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Court’s in forma pauperis ruling. (ECF No. 7.) The Ninth Circuit found that Plaintiff could

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meet the imminent danger exception established in 28 U.S.C. § 1915(g), vacated the

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District Court’s Order denying leave to proceed in forma pauperis, and remanded the case

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to the District Court. (ECF No. 12.)

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Accordingly, the Court now authorizes Plaintiff to proceed in forma pauperis.
Also before the Court is Plaintiff’s Motion for the Court to Return Plaintiff’s

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Complaint. (ECF No. 13.) Plaintiff’s Motion is granted.

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Accordingly, it is hereby ORDERED THAT:

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1.

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

The Director of the California Department of Corrections or his

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designee shall collect payments from Plaintiff's prison trust

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account in an amount equal to twenty percent (20%) of the

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preceding month's income credited to the prisoner's trust

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account and shall forward those payments to the Clerk of the

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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

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has been collected and forwarded to the Clerk of the Court.

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The payments shall be clearly identified by the name and case

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number assigned to this action;

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b.

The Clerk of the Court is directed to serve a copy of this order and

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a copy of Plaintiff's in forma pauperis application on the Director of
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the California Department of Corrections, via the court's electronic
case filing system (CM/ECF);

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c.

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The Clerk of Court is directed to serve a copy of this order on the
Financial Department, U.S. District Court, Eastern District of

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California, Fresno Division;

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d.

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Within sixty (60) days of the date of service of this order, Plaintiff

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shall submit a certified copy of his/her prison trust account

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statement for the six!month period immediately preceding the filing

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of the complaint, if Plaintiff has not already done so;

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2.

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Plaintiff’s Motion for the Court to Return Plaintiff’s Complaint (ECF No. 13)
is GRANTED; the Clerk’s Office is directed to return Plaintiff’s Complaint

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to him.

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IT IS SO ORDERED.

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Dated:
ci4d6

December 1, 2011

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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