Garraway v. Ciufo et al

Filing 4

ORDER GRANTING 2 Motion to Proceed IFP; ORDER DIRECTING Payment of Inmate Filing Fee by U.S. Penitentiary Lee, 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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MITCHELL GARRAWAY,

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Plaintiff,
v.
JACQUILINE CIUFO, et al.,

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1:17-cv-00533-GSA (PC)
ORDER GRANTING APPLICATION TO
PROCEED IN FORMA PAUPERIS
and
ORDER DIRECTING PAYMENT
OF INMATE FILING FEE BY U.S.
PENITENTIARY LEE

Defendants.

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Plaintiff is a federal prisoner proceeding pro se pursuant to 403 U.S. 388 (1971) and has

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requested leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. Plaintiff has made

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the showing required by § 1915(a) and accordingly, the request to proceed in forma pauperis will

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be granted. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. 28

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U.S.C. § 1915(b)(1). Plaintiff is obligated to make monthly payments in the amount of twenty

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percent of the preceding month’s income credited to plaintiff’s trust account. USP Lee is

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required to send to the Clerk of the Court payments from plaintiff’s account each time the amount

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in the account exceeds $10.00, until the 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

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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 USP Lee or his or her designee shall collect payments from

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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

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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 plaintiff’s

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in forma pauperis application on the Warden of USP Lee, at P.O. Box 900, Jonesville,

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VA 24263.

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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.
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:

April 20, 2017

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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