Mozingo v. Fisher et al

Filing 4

ORDER Granting Application To Proceed In Forma Pauperis (ECF No. 3 ), and ORDER Directing Collection Of Inmate Filing Fee By California Department Of Corrections, signed by Magistrate Judge Barbara A. McAuliffe on 5/5/2015. (Attachments: # 1 IFP Application filed 4/23/2015) (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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1:15-cv-0633 LJO-BAM

JAMES MOZINGO,

ORDER GRANTING APPLICATION TO
PROCEED IN FORMA PAUPERIS
(ECF No. 3)
and

Plaintiff,
v.

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RAYTHEL FISHER, jr., et al.,

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Defendants.

ORDER DIRECTING COLLECTION
OF INMATE FILING FEE BY CALIFORNIA
DEPARTMENT OF CORRECTIONS

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Plaintiff, a prisoner at the Valley State Prison, filed suit pursuant to 42 U.S.C. ' 1983 and

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has requested leave to proceed in forma pauperis pursuant to 28 U.S.C. ' 1915. Plaintiff has

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made the showing required by ' 1915(a) and accordingly, the request to proceed in forma

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pauperis will be granted. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this

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action. 28 U.S.C. ' 1915(b)(1). Plaintiff is obligated to make monthly payments in the amount

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of twenty percent of the preceding month=s income credited to plaintiff=s trust account. The

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California Department of Corrections 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 or his designee

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shall collect payments from plaintiff=s prison trust account in an amount equal to

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twenty per cent (20%) of the preceding month=s income credited to the prisoner=s

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trust account and shall forward those payments to the Clerk of the Court each time

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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.

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The payments shall be clearly identified by the name and number assigned to this

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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, via the court's electronic case filing system (CM/ECF).
4.

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Department, U.S. District Court, Eastern District of California, Sacramento Division.
5. Within sixty (60) days of the date of service of this order, plaintiff shall submit a

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The Clerk of the Court is directed to serve a copy of this order on the Financial

certified copy of his prison trust account statement for the six-month period immediately
preceding the filing of the complaint, if plaintiff has not already done so.
IT IS SO ORDERED.

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Dated:

/s/ Barbara

May 5, 2015

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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