Fykes v. Zuniga et al

Filing 5

ORDER GRANTING 2 Motion to Proceed IFP; ORDER DIRECTING Payment of Inmate Filing Fee by FCI Mendota, signed by Magistrate Judge Stanley A. Boone on 03/10/2017. (Attachments: # 1 IFP Application) (Copy of this order and IFP Application submitted to FCI-Mendota, P.O. Box 39, Mendota, CA 93640)(Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MICHAEL A. FYKES,

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Plaintiff,

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v.
RAFAEL ZUNIGA, et al.,

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1:17-cv-00344-SAB (PC)
ORDER GRANTING APPLICATION TO
PROCEED IN FORMA PAUPERIS
and
ORDER DIRECTING PAYMENT
OF INMATE FILING FEE BY FCI
MENDOTA

Defendants.

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Plaintiff is a federal prisoner proceeding pro se pursuant to Bivens v. Six Unknown

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Federal Narcotics Agents,403 U.S. 388 (1971) and has requested leave to proceed in forma

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pauperis pursuant to 28 U.S.C. § 1915. Plaintiff has made the showing required by § 1915(a) and

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accordingly, the request to proceed in forma pauperis will be granted. Plaintiff is obligated to pay

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

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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. FCI Mendota is required to send to the Clerk of the Court

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payments from Plaintiff’s account each time the amount in the account exceeds $10.00, until the

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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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1. Plaintiff's application to proceed in forma pauperis is GRANTED;

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2. The Warden of FCI Mendota or his designee shall collect payments from

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Plaintiff’s prison trust account in an amount equal to twenty percent (20%) of

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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

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

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$350.00 has been collected and forwarded to the Clerk of the Court. The

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payments shall be clearly identified by the name and number assigned to this

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action.

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3. The Clerk of the Court is directed to serve a copy of this order and a copy of

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Plaintiff’s in forma pauperis application on the Warden of FCI Mendota, at P.O. Box

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39, Mendota, CA 93640.

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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 thirty (60) days of the date of service of this order, Plaintiff shall submit a

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certified copy of his/her prison trust account statement for the six-month period

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immediately preceding the filing of the complaint, if Plaintiff has not already done so.

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IT IS SO ORDERED.
Dated:

March 10, 2017
UNITED STATES MAGISTRATE JUDGE

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