Rios v. Warden of CSP-Corcoran

Filing 36

ORDER Granting Motions to Proceed IFP re 28 , 32 , signed by Magistrate Judge Erica P. Grosjean on 2/28/17. (Attachments: # 1 Motion for IFP, # 2 Motion for IFP)(Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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1:11-cv-00667-EPG (PC)

RENO FUENTES RIOS,

ORDER GRANTING APPLICATION TO
PROCEED IN FORMA PAUPERIS
(ECF NOS. 28 & 32)

Plaintiff,
v.
WARDEN OF CSP-CORCORAN,

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and

Defendant.

ORDER DIRECTING PAYMENT
OF INMATE FILING FEE BY CALIFORNIA
DEPARTMENT OF CORRECTIONS

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Plaintiff is a state prisoner proceeding pro se in this civil rights action pursuant to 42

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U.S.C. § 1983, and has requested leave to proceed in forma pauperis pursuant to 28 U.S.C.

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' 1915. Plaintiff has made the showing required by § 1915(a) and accordingly, the application to

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proceed in forma pauperis will be granted. Plaintiff is obligated to pay the statutory filing fee of

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$350.00 for this action. 28 U.S.C. § 1915(b)(1). Plaintiff is obligated to make monthly payments

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in the amount of twenty percent of the preceding month=s income credited to Plaintiff=s trust

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account. The California Department of Corrections is required to send to the Clerk of the Court

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payments from Plaintiff=s account each time the amount in the account exceeds $10.00, until the

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

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2. The Director of the California Department of Corrections or his designee

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shall 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 prisoner=s

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trust account and shall forward those payments to the Clerk of the Court each time

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the amount in the account exceeds $10.00, in accordance with 28 U.S.C. ' 1915(b)(2),

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until a total of $350.00 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 number assigned to this

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action.

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

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Plaintiff=s in forma pauperis application on the Director of the California Department of

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Corrections, via the court's electronic case filing system (CM/ECF).
4.

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Department, U.S. District Court, Eastern District of California, Sacramento Division.
5. Within sixty (60) days of the date of service of this order, Plaintiff shall submit a

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

certified copy of his prison trust account statement for the six-month period immediately
preceding the filing of the complaint, if Plaintiff has not already done so.
IT IS SO ORDERED.

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Dated:

February 28, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

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