Hearns v. Gonzales, et al.

Filing 10

ORDER VACATING Order Issued on February 6, 2017 8 ; ORDER GRANTING Amended Application to Proceed in Forma Pauperis 9 , signed by Magistrate Judge Gary S. Austin on 3/31/17. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Plaintiff,

ORDER VACATING ORDER ISSUED ON
FEBRUARY 6, 2017
(ECF No. 8.)

ROSA GONZALES, et al.,

ORDER GRANTING AMENDED
APPLICATION TO PROCEED IN FORMA
PAUPERIS
(ECF No. 9.)

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1:17-cv-0038 GSA (PC)

JAMAR HEARNS,

v.

Defendants.

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Plaintiff is a former state prisoner proceeding pro se pursuant to 42 U.S.C. § 1983.

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Plaintiff filed the Complaint commencing this action on January 11, 2017, together with an

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application to proceed in forma pauperis. (ECF Nos. 1, 2.)

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On February 6, 2017, the court denied Plaintiff’s application to proceed in forma pauperis

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based upon his prison trust account statement which showed that he can afford the costs of this

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motion. (ECF No. 8.) Plaintiff was ordered to pay the $350.00 filing fee in full for this action

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within thirty days. (Id.)

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On March 16, 2017, Plaintiff filed an amended application to proceed in forma pauperis,

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declaring that he was paroled from state prison and his financial status has changed. (ECF No. 9.)

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Plaintiff declared that he has used the money from his prison trust account for re-entry into
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society, purchasing clothing, food, housing and transportation. (Id.) He declares that he is

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currently attending a class in construction job training that does not pay; he is on general relief of

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$221.16 per month; and he lives in temporary housing for which he pays $100.00 per month.

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(Id.) He also declares that he is now indigent. (Id.)

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Plaintiff has requested leave to proceed in forma pauperis pursuant to 28 U.S.C. ' 1915.

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

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forma pauperis will be granted.

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In accordance with the above and good cause appearing therefore, IT IS HEREBY

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ORDERED that:

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1.

The court’s order issued on February 6, 2017, is VACATED; and

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2.

Plaintiff's amended application to proceed in forma pauperis, filed on March 16,
2017, is GRANTED.

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IT IS SO ORDERED.
Dated:

March 31, 2017

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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