Lipsey v. Bristol-Myers Squibb Co. et al
Filing
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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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