Cruz v. Ho et al

Filing 5

ORDER GRANTING 2 Motion to Proceed IFP signed by Magistrate Judge Gary S. Austin on 2/13/2015. (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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1:15-cv-00192-GSA (PC)

ALBERT CRUZ,

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

Plaintiff,
v.
DR. HO, et al.,

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and
Defendants.

ORDER DIRECTING PAYMENT
OF INMATE FILING FEE BY STANISLAUS
COUNTY SHERIFF

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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.
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28 U.S.C.

' 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 Stanislaus County Sheriff
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is required to send to the Clerk of the Court payments from plaintiff=s account each time the
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amount in the account exceeds $10.00, until the statutory filing fee is paid in full. 28 U.S.C.
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' 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 Stanislaus County or his/her designee shall collect payments

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from plaintiff=s prison 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 shall

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forward those payments to the Clerk of the Court each time the amount in the

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account exceeds $10.00, in accordance with 28 U.S.C. ' 1915(b)(2), until a total of

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$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 Sheriff of Stanislaus County, via the

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United States Postal Service; and
4.

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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, Sacramento Division.
IT IS SO ORDERED.

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Dated:

February 13, 2015

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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