Ervin v. Merced Police Dept et al

Filing 10

ORDER GRANTING 4 Motion to Proceed IFP signed by Magistrate Judge Gary S. Austin on 11/19/2012. (Attachments: # 1 IFP Motion)(Sant Agata, S)

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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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ELTON WHITTNEY ERVIN,

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1:12-cv-1779 AWI GSA

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
CALIFORNIA DEPARTMENT OF
CORRECTIONS
(Doc. 4)

MERCED POLICE DEPARTMENT, et al.,

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Defendants.

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__________________________________/

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Plaintiff is a prisoner proceeding pro se and has requested leave to proceed in forma pauperis

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pursuant to 28 U.S.C. § 1915. Plaintiff has made the showing required by § 1915(a) and

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accordingly, the request to proceed in forma pauperis will be granted. Plaintiff is obligated to pay

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the statutory filing fee of $350.00 for this action. 28 U.S.C. § 1915(b)(1). Plaintiff is obligated to

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make monthly payments in the amount of twenty percent of the preceding month’s income credited

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to plaintiff’s trust account. The California Department of Corrections 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,

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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 or her

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designee 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 trust

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

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the account exceeds $10.00, in 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. The payments shall be clearly

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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 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.

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IT IS SO ORDERED.
Dated:
6i0kij

November 19, 2012

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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