McKinney v. Ford et al

Filing 5

ORDER GRANTING 2 Motion to Proceed IFP signed by Magistrate Judge Sandra M. Snyder on 12/4/2013. (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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EDWARD RAY McKINNEY,
Plaintiff,

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ORDER GRANTING APPLICATION
TO PROCEED IN FORMA PAUPERIS

v.

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Case No. 1:13-CV-01879-LJO-SMS

TY FORD, et al.,
Defendants.

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(Doc. 2)

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Plaintiff Edward Ray McKinney, a prisoner proceeding pro se pursuant to 42 U.S.C. § 1983,

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

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has made the showing required by § 1915(a), the Court grants his motion to proceed in forma

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pauperis.

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Plaintiff must nonetheless pay the statutory filing fee of $350.00 for this action. 28 U.S.C. §
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1915(b)(1). Under the statute, he is obligated to make monthly payments equal to the amount of

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twenty percent (20%) of the previous month's income credited to his prison trust account. The

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California Department of Corrections and Rehabilitation is required to send to the Clerk of 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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Accordingly, the Court hereby ORDERS:

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1.

Plaintiff's application to proceed in forma pauperism is GRANTED.

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2.

The Director of the California Department of Corrections and Rehabilitation or

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his designee shall collect payments from Plaintiff's prison trust account in an amount equal to
twenty percent (20%) of the preceding month's income credited to Plaintiff's trust account and
shall forward those payments to the Clerk of Court each time the amount in the account

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exceeds $10.00, in accordance with 28 U.S.C. § 1915(b)(2), until a total of $350.00 has been
collected and forwarded to the Clerk of Court. The payments shall be clearly identified by the
name and number assigned to this action.
3.

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The Clerk of 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 and
Rehabilitation 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

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

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IT IS SO ORDERED.

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Dated:

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December 4, 2013

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

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icido34h

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