Hernandez v. Doe Officer One, et al.

Filing 5

ORDER Granting 2 Motion to Proceed IFP; ORDER Directing Payment of Inmate Filing Fee, signed by Magistrate Judge Jennifer L. Thurston on 3/31/17. (Attachments: # 1 Motion for IFP) (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RUFUS HERNANDEZ,

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Plaintiff,
v.
DOE OFFICER ONE, et al.,

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Defendants.

1:17-cv-00429-JLT (PC)
ORDER GRANTING APPLICATION TO
PROCEED IN FORMA PAUPERIS
(Doc. 2)
ORDER DIRECTING PAYMENT
OF INMATE FILING FEE

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

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

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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 La Palma Correctional

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Center is required to send to the Clerk of the Court payments from plaintiff=s account each time

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the amount in the account exceeds $10.00, until the statutory filing fee is paid in full. 28 U.S.C.

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' 1915(b)(2).

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In accordance with the above and good cause appearing therefore, the Court ORDERS:

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

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2. The Warden of the La Palma Correctional Center or his designee shall collect
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payments from plaintiff=s prison trust account in an amount equal to twenty per cent

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(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

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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 Warden of the La Palma Correctional

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Center located at 5501 North La Palma Road Eloy, AZ 85131.
4.

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Department, U.S. District Court, Eastern District of California, Sacramento Division.
5. Within 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:

March 31, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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