Spencer v. Brazelton et al

Filing 4

ORDER Granting 2 Application to Proceed in Forma Pauperis and ORDER Directing Payment of Inmate Filing Fee by North Fork Correctional Facility, signed by Magistrate Judge Michael J. Seng on 5/20/14. (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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1:14-cv-00707 MJS (PC)

BILLY JOE SPENCER,
Plaintiff,

ORDER GRANTING APPLICATION TO
PROCEED IN FORMA PAUPERIS

v.
P.D. BRAZELTON, et al,

(ECF No. 2)

Defendants.
and

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ORDER DIRECTING PAYMENT
OF INMATE FILING FEE BY NORTH FORK
CORRECTIONAL FACILTIY

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Plaintiff Billy Joe Spencer (“Plaintiff”) is a prisoner proceeding pro se pursuant to

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42 U.S.C. ' 1983 and has requested leave to proceed in forma pauperis pursuant to 28

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U.S.C. ' 1915. Plaintiff has made the showing required by ' 1915(a) and accordingly,

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

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statutory filing fee of $350.00 for this action.

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obligated to make monthly payments in the amount of twenty percent of the preceding

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month=s income credited to Plaintiff=s trust account. North Fork Correctional Facility is

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required to send to the Clerk of the Court payments from Plaintiff=s account each time

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the amount in the account exceeds $10.00, until the statutory filing fee is paid in full. 28
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28 U.S.C. ' 1915(b)(1).

Plaintiff is

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U.S.C. ' 1915(b)(2).
In accordance with the above and good cause appearing therefore, 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 Director of North Fork Correctional Facility or his designee shall

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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

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prisoner=s trust account and shall forward those payments to the Clerk of

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the Court each time the amount in the account exceeds $10.00, in

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accordance with 28 U.S.C. ' 1915(b)(2), until a total of $350.00 has been

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collected and forwarded to the Clerk of the Court. The payments shall be

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clearly identified by the name and number assigned to this action.
3. The Clerk of the Court is directed to serve a copy of this order and a copy

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of Plaintiff=s in forma pauperis application on the Director of North Fork
Correctional Facility, at 1605 East Main, Sayre, OK 73662.
4. The Clerk of the Court is directed to serve a copy of this order on the

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Financial Department, United States District Court, Eastern District of California,
Sacramento Division.
5. Within sixty (60) days of the date of service of this order, Plaintiff shall

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submit a certified copy of his prison trust account statement for the six-month
period immediately preceding the filing of the complaint, if Plaintiff has not already
done so.

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IT IS SO ORDERED.

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Dated:

May 20, 2014

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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