Fisher v. Federal Bureau of Investigation

Filing 16

ORDER GRANTING 14 Motion to Proceed IFP signed by Magistrate Judge Stanley A Boone on 6/17/2013. (Attachments: # 1 IFP Motion). (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GARY FRANCIS FISHER,

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Plaintiff,

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Case No. 1:13-cv-00414-LJO-SAB
ORDER GRANTING APPLICATION TO
PROCEED IN FORMA PAUPERIS

v.
ECF NO. 14

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FEDERAL BUREAU OF
INVESTIGATION, et al.,

and

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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 Gary Dale Fisher (“Plaintiff”) is a state prisoner proceeding pro se in this action

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against Defendant Federal Bureau of Investigation (“Defendant”). Plaintiff has requested leave to

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proceed in forma pauperis pursuant to 28 U.S.C. § 1915. (ECF No. 14.) 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 proceeding month's income credited to plaintiff's trust account. The California Department of

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Corrections is required to send to the Clerk of the Court payments from plaintiff's account each

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time the amount in the account exceeds $10.00, until the statutory filing fee is paid in full. 28

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U.S.C. § 1915(b)(2).

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In accordance with the above and good cause appearing therefore, IT IS HEREBY

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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 shall

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collect payments from plaintiff's prison trust account in an amount equal to twenty

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percent (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

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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 case number assigned to

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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

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Plaintiff’s in forma pauperis application on the Director of the California

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Department of Corrections, via the court’s electronic case filing system

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(CM/ECF);

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4.

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

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Department, U.S. District Court, Eastern District of California, Fresno Division;

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and

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5.

Within sixty (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

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immediately preceding the filing of the complaint, if Plaintiff has not already done

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so.

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IT IS SO ORDERED.

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Dated:
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June 17, 2013

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UNITED STATES MAGISTRATE JUDGE

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