Lee v. United States of America et al

Filing 15

ORDER Granting Application to Proceed In Forma Pauperis 14 ; Order Directing Payment of Inmate Filing Fee by USP Hazelton, signed by Magistrate Judge Gary S. Austin on 6/25/12. (Gonzalez, R)

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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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MICHAEL LEE,

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1:12-cv-00779 GSA (PC)

Plaintiff,

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v.

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ORDER GRANTING APPLICATION TO
PROCEED IN FORMA PAUPERIS
and
ORDER DIRECTING PAYMENT
OF INMATE FILING FEE BY
USP HAZELTON

ALLEN, et al.,

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Defendants.
_____________________________/

Plaintiff is a federal prisoner proceeding pro se pursuant to 403 U.S. 388 (1971) and has

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requested leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. Plaintiff has made the

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showing required by § 1915(a) and accordingly, the request to proceed in forma pauperis will be

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granted. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. 28 U.S.C.

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§ 1915(b)(1). Plaintiff is obligated to make monthly payments in the amount of twenty percent of

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the preceding month’s income credited to plaintiff’s trust account. USP Hazelton is required to send

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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 Warden of USP Hazelton or his designee shall collect payments from

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plaintiff’s prison trust account in an amount equal to twenty per cent (20%) of the preceding

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month’s income credited to the prisoner’s trust account and shall forward those payments to

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the Clerk of the Court each time the amount in the account exceeds $10.00, in accordance with

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28 U.S.C. § 1915(b)(2), until a total of $350.00 has been collected and forwarded to the Clerk of

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the Court. 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
plaintiff’s in forma pauperis application on the Warden of the USP Hazelton, via U.S. Postal
Service.

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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.

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

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certified copy of his/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:
220hhe

June 25, 2012

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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