Barger v. Stover et al

Filing 17

ORDER Granting 15 Motion to Proceed in Forma Pauperis; ORDER Directing Payment of Inmate Filing Fee by California Department of Corrections, signed by Magistrate Judge Dennis L. Beck on 5/28/14. (Attachments: # 1 IFP Motion) (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GARY DALE BARGER, also known as
GARY FRANCIS FISHER

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Plaintiff,
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v.

Case No. 1:13-cv-01877 LJO DLB PC
ORDER GRANTING PLAINTIFF’S
APPLICATION TO PROCEED IN FORMA
PAUPERIS
(Document 15)

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SCOTT TURPIN,
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Defendant.
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ORDER DIRECTING PAYMENT
OF INMATE FILING FEE BY
CALIFORNIA DEPARTMENT OF
CORRECTIONS

Plaintiff is a prisoner proceeding pro se pursuant to 42 U.S.C. § 1983 and has requested
leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. Plaintiff has made the showing
required by § 1915(a) and accordingly, the request to proceed in forma pauperis will be granted.
Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. 28 U.S.C. §
1915(b)(1). Plaintiff is obligated to make monthly payments in the amount of twenty percent of the
proceeding month's income credited to plaintiff's trust account. The California Department of
Corrections is required to send to the Clerk of the Court payments from plaintiff's account each time
the amount in the account 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

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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 percent

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(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 case number assigned to this action.
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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 Department of Corrections,

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via the court's electronic case filing system (CM/ECF).

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4.

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

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

/s/ Dennis

May 28, 2014

L. Beck

UNITED STATES MAGISTRATE JUDGE

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