Hoffman v. Coyle et al

Filing 7

ORDER Granting Application to Proceed in Forma Pauperis 5 ; ORDER Directing Payment of Inmate Filing Fee by USP Lee, signed by Magistrate Judge Stanley A. Boone on 12/22/16. (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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MARCELLAS HOFFMAN,

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Plaintiff,

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v.

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D. COYLE, et al.,

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1:16-cv-01617 SAB (PC)
ORDER GRANTING APPLICATION
PROCEED IN FORMA PAUPERIS

TO

ORDER DIRECTING PAYMENT
OF INMATE FILING FEE BY USP LEE
Defendants.

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Plaintiff Marcellas Hoffman is a federal prisoner proceeding pro se in a civil rights action

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pursuant to Bivens vs. Six Unknown Agents, 403 U.S. 388 (1971). On December 5, 2016,

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Plaintiff filed a motion to proceed in forma pauperis. (ECF No. 5.)

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Plaintiff has made the showing required by § 1915(a) and accordingly, the request to

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proceed in forma pauperis will be granted. Plaintiff is obligated to pay the statutory filing fee of

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$350.00 for this action. 28 U.S.C. § 1915(b)(1). Plaintiff is obligated to make monthly payments

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in the amount of twenty percent of the preceding month’s income credited to Plaintiff’s trust

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account. USP Lee is required to send to the Clerk of the Court payments from Plaintiff’s account

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each time the amount in the account exceeds $10.00, until the statutory filing fee is paid in full.

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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 (ECF No. 5) is GRANTED;

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2. The Warden of USP Lee or his/her 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

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Plaintiff’s in forma pauperis application on the Warden of USP Lee, at Hickory Flats

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Rd. Pennington Gap, VA 24277.

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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.

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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 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:

December 22, 2016
UNITED STATES MAGISTRATE JUDGE

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