Moses Flores v. Wespak

Filing 11

ORDER Granting Plaintiff's 7 Motion to Proceed IFP; ORDER Directing Payment of Moses Flores' Inmate Filing Fee, signed by Magistrate Judge Barbara A. McAuliffe on 5/18/17. (Attachments: # 1 Motion for IFP) (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MOSES FLORES,
Plaintiffs,

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CASE NO. 1:17-cv-326-AWI-BAM
ORDER GRANTING PLAINTIFF MOSES
FLORES’ IN FORMA PAUPERIS
APPLICATION
(Doc. 7).

v.
WESPAK and J.V. FARM LABOR
SERVICES,

ORDER DIRECTING PAYMENT OF MOSES
FLORES’ INMATE FILING FEE

Defendants.

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/

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Plaintiff Moses Flores (“Plaintiff”), a Nevada state prisoner proceeding pro se, filed this action

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pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq, on March 6, 2017.

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Currently before the Court is Plaintiff’s motion for leave to proceed in forma pauperis pursuant to 28

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U.S.C. §1915. (Doc. 7).

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

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in forma pauperis will be granted. Plaintiff is obligated to pay the statutory filing fee of $350.00 for

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this action. 28 U.S.C. § 1915(b)(1). Plaintiff is obligated to make monthly payments in the amount of

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twenty percent (20%) of the preceding month’s income credited to Plaintiff’s trust account. The

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Nevada Department of Corrections is required to send to the Clerk of the Court payments from

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Plaintiff’s trust account each time the amount in the account exceeds $10.00, until the statutory filing

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fee is paid in full. 28 U.S.C. § 1915(b)(2).

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Accordingly, IT IS HEREBY ORDERED that:
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1.

Plaintiff’s application to proceed in forma pauperis, filed on April 28, 2017 (Doc. 7), is

GRANTED;
2.

The Director of the Nevada Department of Corrections or his/her designee shall

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collect payments from Plaintiff Moses Flores prison trust account in an amount equal to twenty

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percent (20%) of the preceding month’s income credited to the prisoner’s trust account and

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shall forward those payments to the Clerk of the Court each time the amount in the account

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exceeds $10.00, in accordance with 28 U.S.C. § 1915(b)(2), until a total of $350.00 has been

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collected and forwarded to the Clerk of the Court. The payments shall be clearly identified by

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the name and number 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

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in forma pauperis application on the Director of the Nevada Department of Corrections, via the court’s

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electronic case filing system (CM/ECF); and

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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, Fresno Division

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IT IS SO ORDERED.
Dated:

/s/ Barbara

May 18, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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