Tabatabaee v. Santoro et al

Filing 6

ORDER GRANTING 5 Motion to Proceed IFP ; ORDER DIRECTING Payment of Inmate Filing Fee by California Department of Corrections, signed by Magistrate Judge Dennis L. Beck on 10/29/14. (60 - Day Deadline) (Attachments: # 1 IFP Application) (Martin-Gill, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ALEX TABATABEE, 12 13 14 15 16 Case No. 1:14-cv-01545 DLB PC Plaintiff, v. K. SANTORO, et al., Defendants. ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS and ORDER DIRECTING PAYMENT OF INMATE FILING FEE BY CALIFORNIA DEPARTMENT OF CORRECTIONS 17 18 Plaintiff is a prisoner proceeding pro se pursuant to 42 U.S.C. § 1983 and has requested leave 19 to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. Plaintiff has made the showing required 20 by § 1915(a) and accordingly, the request to proceed in forma pauperis will be granted. Plaintiff is 21 obligated to pay the statutory filing fee of $350.00 for this action. 28 U.S.C. § 1915(b)(1). Plaintiff 22 is obligated to make monthly payments in the amount of twenty percent of the proceeding month's 23 income credited to plaintiff's trust account. The California Department of Corrections is required to 24 send to the Clerk of the Court payments from plaintiff's account each time the amount in the account 25 exceeds $10.00, until the statutory filing fee is paid in full. 28 U.S.C. § 1915(b)(2). 26 27 28 1 1 2 In accordance with the above and good cause appearing therefore, IT IS HEREBY ORDERED that: 3 1. Plaintiff's application to proceed in forma pauperis is GRANTED; 4 2. The Director of the California Department of Corrections or his designee shall 5 collect payments from plaintiff's prison trust account in an amount equal to twenty percent 6 (20%) of the preceding month's income credited to the prisoner's trust account and shall 7 forward those payments to the Clerk of the Court each time the amount in the account exceeds 8 $10.00, in accordance with 28 U.S.C. § 1915(b)(2), until a total of $350.00 has been collected 9 and forwarded to the Clerk of the Court. The payments shall be clearly identified by the name 10 11 and case number assigned to this action. 3. The Clerk of the Court is directed to serve a copy of this order and a copy of plaintiff's in 12 forma pauperis application on the Director of the California Department of Corrections, via the 13 court's electronic case filing system (CM/ECF). 14 15 16 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 certified 17 copy of his/her prison trust account statement for the six−month period immediately preceding the 18 filing of the complaint, if plaintiff has not already done so. 19 20 21 22 IT IS SO ORDERED. Dated: /s/ Dennis October 29, 2014 L. Beck UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28 2

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