Kory Armes v. California Department of Corrections and Rehabilitation et al
Filing
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ORDER GRANTING Motion to Proceed in Forma Pauperis 2 and ORDER DIRECTING Payment of Inmate Filing Fee by California Department of Corrections, signed by Magistrate Judge Gary S. Austin on 2/17/17. (Attachments: # 1 IFP Application) (Hellings, J)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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ORDER GRANTING APPLICATION TO
PROCEED IN FORMA PAUPERIS
(Document# 2)
Plaintiff,
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1:16-cv-01847 GSA (PC)
KORY ARMES,
v.
CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION, et al.,
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and
ORDER DIRECTING PAYMENT
OF INMATE FILING FEE BY CALIFORNIA
DEPARTMENT OF CORRECTIONS
Defendant.
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Plaintiff is a prisoner proceeding pro se pursuant to 42 U.S.C. ยง 1983 and has requested
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leave to proceed in forma pauperis pursuant to 28 U.S.C. ' 1915. Plaintiff has made the showing
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required by ' 1915(a) and accordingly, the request to proceed in forma pauperis will be granted.
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Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. 28 U.S.C.
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' 1915(b)(1). Plaintiff is obligated to make monthly payments in the amount of twenty percent of
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the preceding month=s income credited to plaintiff=s trust account. The California Department of
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Corrections is required to send to the Clerk of the Court payments from plaintiff=s account each
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time the amount in the account exceeds $10.00, until the statutory filing fee is paid in full. 28
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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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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, Sacramento Division.
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5. Within sixty (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 immediately
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preceding the filing of the complaint, if plaintiff has not already done so.
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IT IS SO ORDERED.
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Dated:
February 17, 2017
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
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