Canez v. Petruceli et al

Filing 3

ORDER Granting 2 Motion to Proceed in Forma Pauperis; ORDER Directing Payment of Inmate Filing Fee by Fresno County Jail, signed by Magistrate Judge Gary S. Austin on 12/19/14. (Attachments: # 1 IFP Motion) (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MANUEL CANEZ,

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Plaintiff,
v.

ORDER GRANTING IN FORMA
PAUPERIS APPLICATION

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1:14-cv-01887 ---GSA

JAMES PETRUCELI, KOJO H. MOORE,
and KELLY SMITH,
Defendants.

ORDER DIRECTING PAYMENT OF
INMATE FILING FEE BY FRESNO
COUNTY JAIL

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(Doc. 2)

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Plaintiff Manuel Canez (“Plaintiff”), proceeding pro se while incarcerated in Fresno

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County Jail, has filed a complaint in this action along with an application to proceed in forma

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pauperis pursuant to 28 U.S.C. § 1915. (Docs. 1, 2).

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Regarding his application to proceed in forma pauperis, Plaintiff has made the requisite

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showing under 28 U.S.C. § 1915(a). Accordingly, his application to proceed in forma pauperis is

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GRANTED. However, pursuant to 28 U.S.C. § 1915(b)(1), Plaintiff remains obligated to pay the

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statutory filing fee of $350.00 for this action when funds exist in his inmate trust account at

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Fresno County Jail. Accordingly, Plaintiff shall make monthly payments in the amount of twenty

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percent (20%) of the preceding month’s income credited to his trust account. 28 U.S.C. §
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1915(b)(2). The Fresno County Sheriff, or her designee, is required to send payments from

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Plaintiff’s trust account to the Clerk of this Court each time the amount in the account exceeds

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$10.00, until the statutory filing fee is paid in full. 28 U.S.C. § 1915(b)(2).

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As to the status of his complaint, Plaintiff is advised that pursuant to 28 U.S.C.

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§ 1915(e)(2), the court must conduct an initial review of every pro se complaint to determine

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whether it is legally sufficient under the applicable pleading standards. The court must dismiss a

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complaint, or portion thereof, if the court determines that the complaint is legally frivolous or

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malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief from a

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defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2). If the court determines that

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the complaint fails to state a claim, leave to amend may be granted to the extent that the

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deficiencies in the complaint can be cured by amendment. Plaintiff’s complaint will be screened

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in due course.

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ORDER

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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 Fresno County Sheriff, or her designee, shall collect payments from

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Plaintiff’s trust account in an amount equal to twenty percent (20%) of the preceding month’s

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income credited to the trust account, and, each time the amount in the account exceeds $10.00,

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forward those payments to the Clerk of this Court in accordance with 28 U.S.C. § 1915(b)(2),

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until a total of $350.00 has been collected and forwarded to the Clerk of the Court. The payments

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shall be clearly identified by the name and number 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 Fresno County Sheriff (or her designee) via the

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Court’s electronic filing system (CM/ECF);

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4. The Clerk of the Court is directed to serve a copy of this order on the Financial
Department, U.S. District Court, Eastern District of California, Fresno Division; and
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5. Within sixty (60) days of the date of service of this order, Plaintiff shall submit

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a certified copy of his prison trust account statement for the six-month period immediately

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preceding the filing of the complaint.

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IT IS SO ORDERED.

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Dated:

December 19, 2014

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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