McGauley v. Mimms et al

Filing 4

ORDER GRANTING 2 Motion to Proceed IFP signed by Magistrate Judge Dennis L. Beck on 11/5/14. (Attachments: # 1 IFP Application) (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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1:14-cv-01713-DLB (PC)

ANTHONY McGAULEY,
Plaintiff,

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ORDER GRANTING APPLICATION TO
PROCEED IN FORMA PAUPERIS
(Document# 2)

v.

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MARGARET MIMMS, et al.,

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Defendant.

and
ORDER DIRECTING PAYMENT
OF INMATE FILING FEE BY SHERIFF OF
FRESNO COUNY JAIL

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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.

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Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. 28 U.S.C.
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' 1915(b)(1). Plaintiff is obligated to make monthly payments in the amount of twenty percent of

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the preceding month=s income credited to plaintiff=s trust account. The Sheriff of the Fresno
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County Jail is required to send to the Clerk of the Court payments from plaintiff=s account each
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time the amount in the account exceeds $10.00, until the statutory filing fee is paid in full. 28
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U.S.C. ' 1915(b)(2).

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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 Sheriff of the Fresno County Jail or his designee shall collect payments

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from plaintiff=s prison trust account in an amount equal to twenty per cent

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(20%) of the preceding month=s income credited to the prisoner=s trust

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account and shall forward those payments to the Clerk of the Court each time

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the amount in the account exceeds $10.00, in accordance with 28 U.S.C.

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' 1915(b)(2), until a total of $350.00 has been collected and forwarded to the

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Clerk of the Court. The payments shall be clearly identified by the name and

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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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plaintiff=s in forma pauperis application on the Sheriff of the Fresno County Jail,

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

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4.

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Department, U.S. District Court, Eastern District of California, Sacramento

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Division.

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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 prison trust account statement for the six-month period

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immediately preceding the filing of the complaint, if plaintiff has not already done

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so.

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

IT IS SO ORDERED.

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Dated:

/s/ Dennis

November 5, 2014

L. Beck

UNITED STATES MAGISTRATE JUDGE

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