Su v. Hume et al
Filing
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ORDER GRANTING Application to Proceed IFP; ORDER DIRECTING Payment of Inmate Filing Fee By FCC Lompoc 3 , signed by Magistrate Judge Gary S. Austin on 1/16/15. (Attachments: # 1 IFP Application) (Hellings, J)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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JULIE SU, California State Labor
Commissioner, Division of Labor
Standards Enforcement, Department of
Industrial Relations, State of California, on
behalf of the People of the State of
California,
Plaintiff,
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1:14-cv-1917---GSA
ORDER GRANTING APPLICATION TO
PROCEED IN FORMA PAUPERIS
ORDER DIRECTING PAYMENT OF
INMATE FILING FEE BY FCC, LOMPOC
v.
DAVID HUME, et al.,
(Doc. 3)
Defendants.
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Defendant David Hume (“Defendant”), proceeding pro se, seeks to remove this action
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from Fresno County Superior Court to this Court. (Doc. 1). Defendant is a prisoner incarcerated
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at the Federal Correctional Center, Lompoc, and has requested leave to proceed to proceed in
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forma pauperis pursuant to 28 U.S.C. § 1915. (Doc. 3). He has made the showing required by §
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1915(a). Accordingly, the request to proceed in forma pauperis is granted. Defendant remains
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obligated to pay the statutory filing fee of $350.00 applicable to this action. 28 U.S.C. §
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1915(b)(1). He is required to make monthly payments in the amount of twenty percent (20%) of
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the preceding month’s income credited to his prison trust account. The Federal Correctional
Center, Lompoc, is required to send to the Clerk of the Court, monthly payments from
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Defendant’s trust account when the amount in the account exceeds $10.00, until the statutory
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filing fee is paid in full. 28 U.S.C. § 1915(b)(2).
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In accordance with the above and good cause appearing therefore, IT IS HEREBY
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ORDERED that:
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1. Defendant’s application to proceed in forma pauperis is GRANTED.
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2. The Warden of FCC, Lompoc or his designee shall collect payments from
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plaintiff’s prison trust account in an amount equal to twenty per cent (20%)
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of 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), until
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a total of $350.00 has been collected and forwarded to the Clerk of the Court.
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The payments shall be clearly identified by the name and number assigned to
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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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Defendant’s in forma pauperis application on the Warden of FCC, Lompoc, via
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the Court’s electronic case 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
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Department, U.S. District Court, Eastern District of California, Fresno Division.
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IT IS SO ORDERED.
Dated:
January 16, 2015
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
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