Garza v. Fisher

Filing 9

ORDER Granting Plaintiff's 5 Motion to Proceed IFP signed by Magistrate Judge Sheila K. Oberto on 04/07/2015. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FERNIE GARZA,
Plaintiff,

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Case No. 1:15-cv-00234-AWI-SKO

v.
RAYTHEL FISHER, JR., Warden,

ORDER GRANTING PLAINTIFF'S
APPLICATION TO PROCEED IN
FORMA PAUPERIS
(Doc. Nos. 4, 5)

Defendant.
_____________________________________/

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Plaintiff Fernie Garza ("Plaintiff") is a prisoner and has requested leave to proceed in

18 forma pauperis pursuant to 28 U.S.C. § 1915. Plaintiff has made the showing required by
19 § 1915(a), and the request to proceed in forma pauperis will be granted. Plaintiff is obligated to
20 pay the statutory filing fee of $350.00 for this action. 28 U.S.C. § 1915(b)(1). Plaintiff is
21 obligated to make monthly payments in the amount of twenty percent of the preceding month’s
22 income credited to plaintiff’s trust account.

The Director of the California Department of

23 Corrections or his designee is required to send to the Clerk of the Court payments from plaintiff’s
24 account each time the amount in the account exceeds $10.00, until the statutory filing fee is paid in
25 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

2 ORDERED that:
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1.

Plaintiff's application to proceed in forma pauperis is GRANTED;

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2.

The Director of the California Department of Corrections or his designee shall

5 collect payments from plaintiff’s prison trust account in an amount equal to twenty per cent (20%)
6 of the preceding month’s income credited to the prisoner’s trust account and shall forward those
7 payments to the Clerk of the Court each time the amount in the account exceeds $10.00, in
8 accordance with 28 U.S.C. § 1915(b)(2), until a total of $350.00 has been collected and forwarded
9 to the Clerk of the Court. The payments shall be clearly identified by the name and number
10 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

12 plaintiff’s in forma pauperis application on the Director of the California Department of
13 Corrections via the electronic case filing system (CM/ECF); and
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The Clerk of the Court is directed to serve a copy of this order on the Financial

15 Department, U.S. District Court, Eastern District of California, Fresno Division.
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IT IS SO ORDERED.
Dated:

April 7, 2015

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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