Cross v. City of Hanford District Attorney et al
Filing
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ORDER GRANTING 2 Motion to Proceed IFP signed by Magistrate Judge Stanley A. Boone on 11/14/2014. (Attachments: # 1 IFP Motion). (Jessen, A)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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JEROME LEE CROSS,
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Plaintiff,
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Case No. 1:14-cv-01755---SAB
ORDER GRANTING APPLICATION TO
PROCEED IN FORMA PAUPERIS AND
DIRECTING PAYMENT OF INMATE
FILING FEE BY KINGS COUNTY JAIL
v.
CITY OF HANFORD DISTRICT
ATTORNEY, et al.,
(ECF No. 2)
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Defendants.
THIRTY-DAY DEADLINE
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Plaintiff Jerome Lee Cross, proceeding pro se, filed this civil rights action pursuant to 42
19 U.S.C. 1983, and an application to proceed in forma pauperis on November 12, 2014. Plaintiff
20 has made the showing required by § 1915(a) and accordingly, the request to proceed in forma
21 pauperis will be granted. Plaintiff is obligated to pay the statutory filing fee of $400.00 for this
22 action. 28 U.S.C. § 1915(b)(1). Plaintiff is obligated to make monthly payments in the amount
23 of twenty percent of the preceding month’s income credited to plaintiff’s trust account. The
24 Kings County Jail is required to send to the Clerk of the Court payments from Plaintiff’s account
25 each time the amount in the account exceeds $10.00, until the statutory filing fee is paid in full.
26 28 U.S.C. § 1915(b)(2). Notwithstanding this order, the Court does not direct that service be
27 undertaken until the Court screens the complaint and finds that it states a cognizable claim.
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V.
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Accordingly, 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 Kings County Sheriff or his designee shall collect payments from
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Plaintiff’s jail trust account in an amount equal to twenty per cent (20%) of
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the preceding month’s income credited to the prisoner’s trust account and
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shall forward those payments to the Clerk of the Court each time the amount
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in the account exceeds $10.00, in accordance with 28 U.S.C. § 1915(b)(2),
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until a total of $400.00 has been collected and forwarded to the Clerk of the
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Court. The payments shall be clearly identified by the name and number
assigned to this action;
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3.
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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 Kings County Sheriff, via the
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court's electronic case filing system (CM/ECF);
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The Clerk of the Court is directed to serve a copy of this order on the Financial
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Department, U.S.
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Division; and
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District Court, Eastern District of California, Sacramento
Within sixty (60) days of the date of service of this order, plaintiff shall submit a
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certified copy of his jail 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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IT IS SO ORDERED.
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November 14, 2014
UNITED STATES MAGISTRATE JUDGE
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