Young, et al. v. Kietz, et al.

Filing 9

ORDER granting 8 Motion to Proceed IFP signed by Magistrate Judge Stanley A. Boone on 11/3/2014. (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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LAVELL DARRYL YOUNG,
Plaintiff,

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Case No. 1:14-cv-01471-LJO-SAB
ORDER GRANTING APPLICATION TO
PROCEED IN FORMA PAUPERIS

v.
(ECF No. 8)

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MICHAEL R. KIETZ,
ORDER DIRECTING PAYMENT
OF INMATE FILING FEE BY
CALIFORNIA DEPARTMENT OF
CORRECTIONS AND REHABILITATION

Defendant.

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Plaintiff is a state prisoner proceeding pro se in this action. On October 27, 2014,
Plaintiff filed an application to proceed in forma pauperis in this action. (ECF No. 8.) 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 $400.00 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 preceding month’s income credited to plaintiff’s trust account. The
California Department of Corrections and Rehabilitation 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).
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 the California Department of Corrections and Rehabilitation or

3 his designee shall collect payments from plaintiff’s prison trust account in an amount equal
4 to twenty per cent (20%) of the preceding month’s income credited to the prisoner’s trust
5 account and shall forward those payments to the Clerk of the Court each time the amount
6 in the account exceeds $10.00, in accordance with 28 U.S.C. § 1915(b)(2), until a total of
7 $400.00 has been collected and forwarded to the Clerk of the Court. The payments shall be
8 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 of

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10 plaintiff’s in forma pauperis application on the Director of the California Department of
11 Corrections and Rehabilitation, via the court's electronic case filing system (CM/ECF);
4. The Clerk of the Court is directed to serve a copy of this order on the Financial

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13 Department, U.S. District Court, Eastern District of California, Sacramento Division; and
5. Within sixty (60) days of the date of service of this order, plaintiff shall submit a

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15 certified copy of his prison trust account statement for the six-month period immediately
16 preceding the filing of the complaint, if plaintiff has not already done so.
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IT IS SO ORDERED.

19 Dated:

November 3, 2014
UNITED STATES MAGISTRATE JUDGE

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