Hearns v. Gonzales, et al.
Filing
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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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