Martinez v. Davey

Filing 12

ORDER GRANTING 4 Motion to Proceed IFP signed by Magistrate Judge Barbara A. McAuliffe on 5/22/17. (Attachments: # 1 IFP Motion) (Marrujo, C)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RICARDO MARTINEZ, 12 13 14 Plaintiff, v. D. DAVEY, 15 ORDER GRANTING PLAINTIFF’S MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS (ECF No. 4) Defendant. 16 Case No. 1:16-cv-01655-BAM (PC) ORDER DIRECTING PAYMENT OF INMATE FILING FEE BY CALIFORNIA DEPARTMENT OF CORRECTIONS 17 18 Plaintiff Ricardo Martinez (“Plaintiff”), a state prisoner proceeding pro se, filed this action 19 in the Northern District of California, pursuant to 42 U.S.C. § 1983, on June 17, 2016. On 20 October 27, 2016, the case was transferred to this district. (ECF No. 6.) Currently before the 21 Court is Plaintiff’s motion for leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915, 22 (ECF Nos. 4, 10.) 23 Plaintiff has made the showing required by § 1915(a) and accordingly, the request to 24 proceed in forma pauperis will be granted. Plaintiff is obligated to pay the statutory filing fee of 25 $350.00 for this action. 28 U.S.C. § 1915(b)(1). Plaintiff is obligated to make monthly payments 26 in the amount of twenty percent (20%) of the preceding month’s income credited to Plaintiff’s 27 trust account. The California Department of Corrections is required to send to the Clerk of the 28 Court payments from Plaintiff’s trust account each time the amount in the account exceeds 1 1 $10.00, until the statutory filing fee is paid in full. 28 U.S.C. § 1915(b)(2). 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. 4 5 Plaintiff’s application to proceed in forma pauperis, filed on August 19, 2016 (ECF No. 4), is GRANTED; 2. The Director of the California Department of Corrections or his/her designee 6 shall collect payments from Plaintiff’s prison trust account in an amount equal to twenty 7 percent (20%) of the preceding month’s income credited to the prisoner’s trust account and 8 shall forward those payments to the Clerk of the Court each time the amount in the account 9 exceeds $10.00, in accordance with 28 U.S.C. § 1915(b)(2), until a total of $350.00 has been 10 collected and forwarded to the Clerk of the Court. The payments shall be clearly identified 11 by the name and number assigned to this action; 12 3. The Clerk of the Court is directed to serve a copy of this order and a copy of 13 Plaintiff’s in forma pauperis application on the Director of the California Department of 14 Corrections, via the court’s electronic case filing system (CM/ECF); and 15 16 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, Fresno Division. 17 18 19 IT IS SO ORDERED. Dated: /s/ Barbara May 22, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28 2

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