Vasquez v. Bakersfield Police Department et al

Filing 3

ORDER Granting Application To Proceed In Forma Pauperis (Doc. 2 ), ORDER Directing Payment Of Inmate Filing Fee By California Department Of Corrections, signed by Magistrate Judge Sheila K. Oberto on 7/12/2011. (Attachments: # 1 IFP Application) (Fahrney, E)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JESUS SOTO VASQUEZ,

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1:11-cv-01121 OWW SKO

Plaintiff,

ORDER GRANTING APPLICATION TO
PROCEED IN FORMA PAUPERIS
(doc. 2)

v.
BAKERSFIELD POLICE
DEPARTMENT,

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Defendants.
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/

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

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Plaintiff is a prisoner proceeding pro se pursuant to 42 U.S.C. § 1983 and has requested leave
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to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. Plaintiff has made the showing required by
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§ 1915(a) and accordingly, the request to proceed in forma pauperis will be granted. Plaintiff is
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obligated to pay the statutory filing fee of $350.00 for this action. 28 U.S.C. § 1915(b)(1). Plaintiff is
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obligated to make monthly payments in the amount of twenty percent of the preceding month’s income
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credited to plaintiff’s trust account. The Sheriff or Warden of the Facility 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 exceeds $10.00, until
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the statutory filing fee is paid in full. 28 U.S.C. § 1915(b)(2).
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In accordance with the foregoing, 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 Sheriff or Warden of the Facility or his/her designee shall collect payments from

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plaintiff's prison trust account in an amount equal to twenty percent (20%) of the preceding month’s

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income credited to the prisoner’s trust 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 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. The payments shall

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be clearly identified by the name and number assigned to this action;

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

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in forma pauperis affidavit on the California Department of Corrections or other entity, via the court's

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electronic case filing system (CM/ECF); and

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4. Within sixty (60) days of the date of service of this order, plaintiff shall submit a

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certified copy of his or her prison trust account statement for the six!month period immediately

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preceding the filing of the complaint, if plaintiff has not already done so.

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IT IS SO ORDERED.

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Dated:
ie14hj

July 12, 2011

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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