Johnson v. Hartley
Filing
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ORDER granting 6 Motion for IFP signed by Magistrate Judge Dennis L. Beck on 9/18/2012. (Attachments: # 1 IFP Application, # 2 Trust Account Statement)(Lundstrom, T)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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FRESNO DIVISION
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TIMOTHY D. JOHNSON,
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1:12-cv-00491-DLB-(PC)
Plaintiff,
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v.
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ORDER GRANTING APPLICATION TO
PROCEED IN FORMA PAUPERIS
(DOCUMENT #6)
and
ORDER DIRECTING PAYMENT
OF INMATE FILING FEE BY
CALIFORNIA DEPARTMENT OF
CORRECTIONS
JAMES HARTLEY,
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Defendants.
_____________________________/
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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
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by § 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
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is obligated to make monthly payments in the amount of twenty percent of the preceding month’s
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income credited to plaintiff’s trust account. The California Department of Corrections is required to
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send to the Clerk 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. 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 twenty per
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cent (20%) of the preceding month’s income credited to the prisoner’s trust account and shall
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forward those payments to the Clerk of the Court each time the amount in the account exceeds
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$10.00, in accordance with 28 U.S.C. § 1915(b)(2), until a total of $350.00 has been collected
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and forwarded to the Clerk of the Court. The payments shall be clearly identified by the name
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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 in forma pauperis application on the Director of the California Department of Corrections,
via the court's electronic case filing system (CM/ECF).
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4. The Clerk of the Court is directed to serve a copy of this order on the Financial
Department, U.S. District Court, Eastern District of California, Fresno Division.
IT IS SO ORDERED.
Dated:
77e0d6
September 18, 2012
/s/ Dennis L. Beck
UNITED STATES MAGISTRATE JUDGE
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