Gradford v. Stanislaus County Sheriffs Department et al

Filing 10

ORDER GRANTING 9 Motion to Proceed IFP; ORDER DIRECTING Payment of Inmate Filing Fee by Stanislaus County Sheriff's Department, signed by Magistrate Judge Gary S. Austin on 4/20/17. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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1:17-cv-00414-AWI-GSA-(PC)

WILLIAM J. GRADFORD,
Plaintiff,

ORDER GRANTING APPLICATION TO
PROCEED IN FORMA PAUPERIS
(Document # 9)

v.
STANISLAUS COUNTY SHERIFF’S
DEPARTMENT, et al.,

and

Defendants.

ORDER DIRECTING PAYMENT
OF INMATE FILING FEE BY STANISLAUS
COUNTY SHERIFF’S DEPARTMENT

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Plaintiff is a prisoner proceeding pro se pursuant to 42 U.S.C. ' 1983 and has requested
leave to proceed in forma pauperis pursuant to 28 U.S.C. ' 1915. Plaintiff has made the showing
required by ' 1915(a) and accordingly, the request to proceed in forma pauperis will be granted.

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Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. 28 U.S.C.
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' 1915(b)(1). Plaintiff is obligated to make monthly payments in the amount of twenty percent of

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the preceding month=s income credited to plaintiff=s trust account. The Stanislaus County
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Sheriff’s Department is required to send to the Clerk of the Court payments from plaintiff=s

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account each time the amount in the account exceeds $10.00, until the statutory filing fee is paid
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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, filed on April 14, 2017, is
GRANTED;

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2. The Sheriff of Stanislaus County or his or her designee shall collect payments

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from plaintiff=s prison trust account in an amount equal to twenty per cent (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 payments

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shall be clearly identified by 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

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plaintiff=s in forma pauperis application on the Sheriff for the County of Stanislaus.
4.

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Department, U.S. District Court, Eastern District of California, Sacramento Division.
5. Within sixty (60) days of the date of service of this order, plaintiff shall submit a

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

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:
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April 20, 2017

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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