Herrera et al v. California State Superior Courts et al

Filing 3

ORDER GRANTING Plaintiff Daniel Herrera's 2 Motion to Proceed IFP ; ORDER DIRECTING payment of Daniel Herrera's Inmate Filing Fee, signed by Magistrate Judge Barbara A. McAuliffe on 04/04/17. (Attachments: # 1 IFP Application) (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DANIEL HERRERA, et al.,
Plaintiffs,

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CASE NO. 1:17-cv-386-AWI-BAM
ORDER GRANTING PLAINTIFF DANIEL
HERRERA’S IN FORMA PAUPERIS
APPLICATION
(Doc. 2).

v.
CALIFORNIA STATE SUPERIOR
COURTS, et al.,

ORDER DIRECTING PAYMENT OF DANIEL
HERRERA’S INMATE FILING FEE

Defendants.

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/

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Plaintiff Daniel Herrera (“Plaintiff”), a state prisoner proceeding pro se, filed this action

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pursuant to 42 U.S.C. § 1983, on March 16, 2017. Currently before the Court is Plaintiff’s motion for

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leave to proceed in forma pauperis pursuant to 28 U.S.C. §1915. (Doc. 2).

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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 Herrera is obligated to pay the statutory filing fee of

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$350.00 for this action. 28 U.S.C. § 1915(b)(1). Plaintiff is obligated to make monthly payments in the

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

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The California 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 Daniel Herrera’s application to proceed in forma pauperis, filed on March 16,
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2017 (Doc. 2), is GRANTED;
2.

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

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collect payments from Plaintiff Daniel Herrera’s prison trust account in an amount equal to

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

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and 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;
3.

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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 California Department of Corrections, via the

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court’s electronic case filing system (CM/ECF); and
The Clerk of the Court is directed to serve a copy of this order on the Financial Department,

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U.S. District Court, Eastern District of California, Fresno Division

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IT IS SO ORDERED.

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Dated:

/s/ Barbara

April 4, 2017

A. McAuliffe

UNITED STATES MAGISTRATE JUDGE

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