Lipsey v. Bristol-Myers Squibb Co. et al

Filing 5

ORDER GRANTING 4 Motion to Proceed IFP signed by Magistrate Judge Stanley A. Boone on 5/4/2017. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CHRISTOPHER LIPSEY, JR.,

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Plaintiff

Case No. 1:17-cv-00556-AWI-SAB
ORDER GRANTING APPLICATION TO
PROCEED IN FORMA PAUPERIS

v.
BRISTOL-MYERS SQUIBB, CO., et al.,
Defendants.

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ORDER DIRECTING PAYMENT
OF INMATE FILING FEE BY
CALIFORNIA DEPARTMENT OF
CORRECTIONS AND REHABILITATION
(ECF No. 4)

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Plaintiff is a prisoner proceeding pro se pursuant to 42 U.S.C. §1983. On April 20, 2017,

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Plaintiff filed a complaint and a prisoner trust fund account statement. (ECF Nos. 1, 2.) On April

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21, 2017, the Court issued an order requiring Plaintiff to submit an application to proceed in forma

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pauperis or pay the filing fee. (ECF No. 3.) On May 1, 2017, Plaintiff filed an application to

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proceed in forma pauperis pursuant to 28 U.S.C. § 1915. (ECF No. 4.) Plaintiff has made the

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

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granted. 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 California Department of

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Corrections and Rehabilitation is required to send to the Clerk of the Court payments from

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Plaintiff’s 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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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 Director of the California Department of Corrections and Rehabilitation

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or his designee shall collect payments from Plaintiff’s prison trust account in an amount

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equal to twenty per cent (20%) of the preceding month’s income credited to the prisoner’s

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trust account and shall forward those payments to the Clerk of the Court each time the

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amount in the account exceeds $10.00, in accordance with 28 U.S.C. § 1915(b)(2), until a

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total of $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 Director of the California Department of

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Corrections and Rehabilitation, via the court’s electronic case filing system (CM/ECF);

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4.

Department, U.S. District Court, Eastern District of California, Sacramento Division; and

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

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Notwithstanding this order, the Court does not direct that service be undertaken

until the Court screens the complaint in due course and issues its screening order.

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IT IS SO ORDERED.
Dated:

May 4, 2017
UNITED STATES MAGISTRATE JUDGE

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