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