Gonzalez v. Shirey

Filing 9

AMENDED ORDER GRANTING In Forma Pauperis Application 2 ; ORDER DIRECTING Payment of Inmate Filing Fee; ORDER DIRECTING Plaintiff to Return Consent Forms, signed by Magistrate Judge Barbara A. McAuliffe on 1/6/15: Consent/Decline due no later than February 13, 2015. (Attachments: # 1 IFP Application)(Hellings, J)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JASON ALBERT GONZALEZ,

CASE NO. 1:14-cv-1768 LJO BAM

Plaintiff,
v.

AMENDED ORDER GRANTING IN
FORMA PAUPERIS APPLICATION1
(Doc. 2).

KEVIN SHIREY,

ORDER DIRECTING PAYMENT OF
INMATE FILING FEE

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Defendant.

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ORDER DIRECTING PLAINTIFF TO
RETURN CONSENT FORMS

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Plaintiff is a prisoner proceeding pro se and has requested leave to proceed in forma pauperis

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pursuant to Title 28 of the United States Code section 1915(a). Plaintiff has made the showing

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required by section 1915(a), and accordingly, the request to proceed in forma pauperis will be granted.

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28 U.S.C. § 1915(a). However, Plaintiff is required to pay the statutory filing fee of $400.00 for this

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action. 28 U.S.C. § 1915(b)(1). He is also obligated to make monthly payments in the amount of

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twenty percent (20%) of the preceding month’s income credited to plaintiff’s trust account. The

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California Department of Corrections is required to send the Clerk of the Court payments from
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Plaintiff’s account each time the amount exceeds $10.00, until the statutory filing fee is paid in full.
28 U.S.C. § 1915(b)(2).

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Additionally, Plaintiff is advised that the Court is required to screen complaints of pro se

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litigants pursuant to Title 28 of the United States Code section 1915A(a). The Court must dismiss a

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This amended order is issued only to modify the deadline for the filing of the completed consent
form outlined in paragraph 6 of this order.
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complaint or portion thereof if the litigant has raised claims that are legally “frivolous or malicious,”

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that fail to state a claim upon which relief may be granted, or that seek monetary relief from a

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defendant(s) who is immune from such relief. 28 U.S.C. § 1915A(b)(1)&(2). As a result, summonses

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will not issue at this time. The Court will direct the United States Marshal to serve Plaintiff’s

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complaint only after the Court has screened the complaint and determined that it contains cognizable

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claims for relief against the named defendants. The Court has a large number of such cases pending

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before it and will screen Plaintiff’s complaint in due course.
In accordance with the above and good cause appearing therefore, IT IS HEREBY ORDERED

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that:
1. Plaintiff's application to proceed in forma pauperis is GRANTED.

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2. The Director of California Department of Corrections 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 prisoner’s

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

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time 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 $400.00 has been collected and forwarded to the Clerk

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

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assigned to this action.

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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 Director of the California Department of

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Corrections, 1515 “S” Street, Sacramento, California 95814.

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

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Department, U.S. District Court, Eastern District of California, Fresno 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 so.

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6. Finally, the Clerk of the Court is directed to mail a “Consent to Magistrate

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Jurisdiction Form” to Plaintiff. Plaintiff shall complete the form and advise the

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Court whether or not he will consent to Magistrate Judge jurisdiction no later

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than February 13, 2015. Plaintiff is advised that failure to complete the form may

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result in dismissal of this action.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

January 6, 2015

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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