Paez, Jr. v. Fresno County Sheriff's Department

Filing 9

ORDER GRANTING 7 Motion to Proceed IFP signed by Magistrate Judge Barbara A. McAuliffe on 5/8/17. (Attachments: # 1 IFP Motion) (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GUILLERMO G. PAEZ, JR.,

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Plaintiff,

ORDER GRANTING MOTION TO
PROCEED IN FORMA PAUPERIS

v.
(ECF No. 7)
FRESNO COUNTY SHERIFF’S
DEPARTMENT,
Defendant.

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Case No. 1:17-cv-00455-BAM (PC)

Plaintiff Guillermo G. Paez, Jr. (“Plaintiff”) is appearing pro se in this civil rights action

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pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action on April 3, 2017. (ECF No. 1.) That

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same day, Plaintiff filed a motion requesting leave to proceed in forma pauperis pursuant to 28

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U.S.C. § 1915. (ECF No. 2.) Plaintiff’s application did not include a certified copy of Plaintiff’s

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trust account statement for the past six months as the instructions require, nor was the certificate

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portion of the form dated, signed, or filled-out by an authorized officer of the correctional

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institution. The Court denied the motion without prejudice and ordered Plaintiff to submit a

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completed form within forty-five (45) days. (ECF No. 5.)

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Currently before the Court is Plaintiff’s renewed motion to proceed in forma pauperis.
(ECF No. 7.)
Plaintiff has made the showing required by § 1915(a) and accordingly, the request to
proceed in forma pauperis will be granted. Plaintiff 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

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

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trust account. The Sheriff of Fresno County Jail is required to send to the Clerk of the Court

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

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the statutory filing 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 (ECF No. 7) is GRANTED;

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2. The Sheriff of Fresno County Jail or his designee shall collect payments from

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Plaintiff=s prison trust account in an amount equal to twenty per cent (20%) of the

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preceding month=s income credited to the prisoner=s trust account and shall forward

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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

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been collected and forwarded to the Clerk of the Court. The payments shall be

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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 of Fresno County Jail, via the

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court’s electronic case filing system (CM/ECF); and

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4.

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.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

May 8, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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