Tobias v. Bodine

Filing 5

ORDER Granting Application To Proceed In Forma Pauperis, ORDER Directing Payment Of Inmate Filing Fee By California Department Of Corrections And Rehabilitation (ECF No. 2 ), signed by Magistrate Judge Stanley A. Boone on 4/16/2015. (Attachments: # 1 IFP Application April 15, 2015) (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAMES TOBIAS,

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CASE No. 1:15-cv-00574---SAB
Plaintiff

ORDER GRANTING APPLICATION TO
PROCEED IN FORMA PAUPERIS

v.
KAYLA BODINE,

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Defendant.

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ORDER DIRECTING PAYMENT
OF INMATE FILING FEE BY
CALIFORNIA DEPARTMENT OF
CORRECTIONS AND REHABILITATION
(ECF No. 2)

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Plaintiff is a prisoner proceeding pro se pursuant to 42 U.S.C. §1983 and has requested

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leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. Plaintiff has made the showing

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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 California Department of

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Corrections and Rehabilitation is required to send to the Clerk of the Court payments from

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plaintiff’s account each time the amount in the account exceeds $10.00, until the statutory filing

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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
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 and

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Rehabilitation or his designee shall collect payments from plaintiff’s prison trust account in

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an amount equal to twenty per cent (20%) of the preceding month’s income credited to the

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prisoner’s trust account and shall forward those payments to the Clerk of the Court each

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time the amount in the account exceeds $10.00, 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

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payments 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 Director of the California Department of

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Corrections and Rehabilitation, via 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
Department, U.S. District Court, Eastern District of California, Sacramento Division; and

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5. Within sixty (60) days of the date of service of this order, plaintiff shall submit a

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

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preceding the filing of the complaint, if plaintiff has not already done so.

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IT IS SO ORDERED.
Dated:

April 16, 2015
UNITED STATES MAGISTRATE JUDGE

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