Dillman v. Thao

Filing 3

ORDER GRANTING 2 Motion to Proceed IFP signed by Magistrate Judge Barbara A. McAuliffe on 2/27/2017. (Attachments: # 1 IFP Motion) (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DWAYNE L. DILLMAN,

CASE NO. 1:17-cv-184-DAD-BAM

Plaintiff,

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ORDER GRANTING IN FORMA
PAUPERIS APPLICATION

v.

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(Doc. 2).
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V. THAO.,

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ORDER DIRECTING PAYMENT OF
INMATE FILING FEE

Defendant.

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/

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Plaintiff is a prisoner proceeding pro se pursuant to 42 U.S.C. ' 1983, and has requested leave

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to proceed in forma pauperis pursuant to 28 U.S.C. ' 1915. Plaintiff has made the showing required

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by ' 1915(a) and accordingly, the request to proceed in forma pauperis will be granted. 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). Plaintiff is

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obligated to make monthly payments in the amount of twenty percent of the preceding month=s income

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credited to plaintiff=s trust account. The California Department of Corrections is required to send to

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the Clerk of the Court payments from plaintiff=s 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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In accordance with the above and good cause appearing therefore, IT IS HEREBY ORDERED
that:
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Plaintiff’s application to proceed in forma pauperis is GRANTED;

2.

The Director of the California Department of Corrections or his designee shall

collect payments from plaintiff=s prison trust account in an amount equal to twenty per cent
(20%) of the preceding month=s income credited to the prisoner=s trust account and shall

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forward those payments to the Clerk of the Court each time the amount in the account exceeds
$10.00, in accordance with 28 U.S.C. ' 1915(b)(2), until a total of $350.00 has been collected and
forwarded to the Clerk of the Court. The payments shall be clearly identified by the name and
number assigned to this action.
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 Director of the California Department of Corrections, via the
court's electronic case filing system (CM/ECF).

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4.

The Clerk of the Court is directed to serve a copy of this order on the Financial

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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 preceding the
filing of the complaint, if plaintiff has not already done so.
IT IS SO ORDERED.

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Dated:

/s/ Barbara

February 27, 2017

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE

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