Fourstar v. Martinez, et al.

Filing 4

ORDER granting 2 Motion to Proceed IFP signed by Magistrate Judge Dennis L. Beck on 5/29/2015. (Attachments: # 1 IFP Application) (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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VICTOR CHARLES FOURSTAR, JR.,

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Plaintiff,
v.
RICHARD MARTINEZ, et al.,

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1:15-cv-00792-DLP-(PC)
ORDER GRANTING APPLICATION TO
PROCEED IN FORMA PAUPERIS
and
ORDER DIRECTING PAYMENT
OF INMATE FILING FEE BY FCI
MARIANNA

Defendants.

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Plaintiff is a federal prisoner proceeding pro se pursuant to 403 U.S. 388 (1971) and has

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

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the showing required by § 1915(a) and accordingly, the request to proceed in forma pauperis will

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be granted. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. 28

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U.S.C. § 1915(b)(1). Plaintiff is obligated to make monthly payments in the amount of twenty

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percent of the preceding month’s income credited to plaintiff’s trust account. FCI Marianna is

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required to send to the Clerk of the Court payments from plaintiff’s account each time the amount

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in the account exceeds $10.00, until the statutory filing 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

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ORDERED that:

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

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2. The Warden of FCI Marianna or his designee shall collect payments from

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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

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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 plaintiff’s

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in forma pauperis application on the Warden of FCI Marianna, at 3625 FCI Road

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Marianna, FL 324469.

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

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

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

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

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IT IS SO ORDERED.
Dated:

/s/ Dennis

May 29, 2015

L. Beck

UNITED STATES MAGISTRATE JUDGE

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