Wilkins v. Stanislaus County et al

Filing 4

ORDER GRANTING 3 Motion to Proceed In Forma Pauperis; ORDER DIRECTING Payment of Inmate Filing Fee, signed by Magistrate Judge Barbara A. McAuliffe on 1/9/17. (Attachments: # 1 IFP Motion) (Marrujo, C)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KEENAN WILKINS,
aka Nerrah Brown,

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CASE NO. 1:16-cv-1858-DAD-BAM
ORDER GRANTING IN FORMA
PAUPERIS APPLICATION
(Doc. 3).

Plaintiff,
v.

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ORDER DIRECTING PAYMENT OF
INMATE FILING FEE

STANISLAUS COUNTY, et al.,
Defendants.

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/

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Plaintiff is proceeding pro se and has requested leave to proceed in forma pauperis pursuant to

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28 U.S.C. § 1915. Plaintiff has made the showing required by section 1915(a), and accordingly, the

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request to proceed in forma pauperis will be granted. 28 U.S.C. § 1915(a). However, Plaintiff is

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obligated to pay the statutory filing fee of $350.00 for this action. 28 U.S.C. § 1915(b)(1). He is also

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obligated to make monthly payments in the amount of twenty percent (20%) of the preceding month’s

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income credited to plaintiff’s trust account. R.J. Donovan Correctional Facility in San Diego,

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California, is required to send the Clerk of the Court payments from Plaintiff’s account each time the

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amount in the account exceeds $10.00, until the statutory filing fee is paid in full. 28 U.S.C. §

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1915(b)(2).

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Additionally, Plaintiff is advised that the Court is required to screen complaints of prisoners

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pursuant to 28 U.S.C. § 1915A(a). The Court must dismiss a complaint or portion thereof if the

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prisoner has raised claims that are frivolous or malicious, that fail to state a claim upon which relief

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may be granted, or that seek monetary relief from a defendant who is immune from such relief. 28

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U.S.C. § 1915A(b)(1), (2). As a result, summonses will not issue at this time. The Court will direct
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the United States Marshal to serve Plaintiff’s complaint only after the Court has screened the

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complaint and determined that it contains cognizable claims for relief against the named defendants.

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The Court will screen Plaintiff’s complaint in due course.

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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 Warden of R.J. Donovan Correctional Facility or his designee, shall collect

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payments from 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 forward those

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payments to the Clerk of the Court each time the amount in the account exceeds $10.00, in

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accordance with 28 U.S.C. § 1915(b)(2), until a total of $350.00 has been collected and forwarded

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to the Clerk of the Court. The payments shall be clearly identified by the name and number

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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 plaintiff’s in
forma pauperis application on the Warden of the R. J. Donovan Correctional Facility; and
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

January 9, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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