Gibson v. Chua et al

Filing 5

ORDER Granting 2 Motion to Proceed in Forma Pauperis and Order Directing Payment of Inmate Filing Fee by Sheriff of Stanislaus County Jail, signed by Magistrate Judge Sheila K. Oberto on 4/7/15. (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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1:15-cv-00485-SKO (PC)

JUSTIN GIBSON,

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

Plaintiff,
v.
CHUA, et al.,

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and
Defendants.

ORDER DIRECTING PAYMENT
OF INMATE FILING FEE BY SHERIFF OF
STANISLAUS COUNTY JAIL

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Plaintiff, a prisoner proceeding pro se pursuant to 42 U.S.C. ' 1983, 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. 28 U.S.C.
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' 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 Sheriff of Stanislaus
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County is required to send to the Clerk of the Court payments from plaintiff=s account each time
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the 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 designee shall collect payments from

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plaintiff=s trust account in an amount equal to twenty per cent (20%) of the

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preceding month=s income credited to the prisoner=s trust account and shall forward

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

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exceeds $10.00, in accordance with 28 U.S.C. ' 1915(b)(2), until a total of $350.00 has

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been collected and forwarded to the Clerk of the Court. The payments shall be

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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 U.S.

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mail, at 250 E. Hackett Rd., Modesto, CA, 95358.
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:

April 7, 2015

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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