Gonzales v. Mims

Filing 4

ORDER granting 2 Motion to Proceed IFP signed by Magistrate Judge Gary S. Austin on 7/18/2013. (Attachments: # 1 IFP Application) (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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LEONARD QUIROZ GONZALES,

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Plaintiff,

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ORDER GRANTING APPLICATION TO
PROCEED IN FORMA PAUPERIS
(#2)
and
ORDER DIRECTING PAYMENT
OF INMATE FILING FEE BY FRESNO
COUNTY SHERIFF

v.
MARGARET MIMS,

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1:13-cv-01069-GSA (PC)

Defendant.
_____________________________/

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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. Plaintiff is presently incarcerated at the Fresno County

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Jail. The Fresno County Sheriff or her designee is required to send to the Clerk of the Court

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payments from plaintiff’s account each time the amount in the account exceeds $10.00, until the

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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 therefor, 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 Fresno County Sheriff or her 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

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plaintiff’s in forma pauperis application on the Fresno County Sheriff, via the court's electronic case

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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.

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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 prison trust account statement for the six-month period immediately preceding

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

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IT IS SO ORDERED.

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Dated:
220hhe

July 18, 2013

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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