Murray v. McKay, et al.

Filing 7

ORDER GRANTING 2 Motion to Proceed IFP signed by Magistrate Judge Michael J. Seng on 5/5/2017. (Sant Agata, S) (Additional attachment(s) added on 5/5/2017: # 1 IFP Motion) (Sant Agata, S).

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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1:17-cv-00564 MJS (PC)

WESLEY THOMAS MURRAY
Plaintiff,

ORDER GRANTING APPLICATION TO
PROCEED IN FORMA PAUPERIS

v.
MARSHA McKAY, et al.,

(ECF No. 2)

Defendant.
and

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ORDER DIRECTING PAYMENT
OF INMATE FILING FEE BY TUOLUMNE
COUNTY JAIL

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Plaintiff is a county jail inmate proceeding pro se pursuant to 42 U.S.C. ' 1983

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and has requested leave to proceed in forma pauperis pursuant to 28 U.S.C. ' 1915.

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Plaintiff has made the showing required by ' 1915(a) and accordingly, the request to

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proceed in forma pauperis will be granted. Plaintiff is obligated to pay the statutory filing

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fee of $350.00 for this action. 28 U.S.C. ' 1915(b)(1). Plaintiff is obligated to make

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monthly payments in the amount of twenty percent of the preceding month=s income

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credited to plaintiff=s trust account. Tuolumne County Jail is required to send to the Clerk

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of the Court payments from plaintiff=s account each time the amount in the account
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exceeds $10.00, until the statutory filing fee is paid in full. 28 U.S.C. ' 1915(b)(2).
In accordance with the above and good cause appearing therefore, IT IS
HEREBY ORDERED that:

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

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2. The Sheriff of Tuolumne County Jail or his designee shall collect

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payments from plaintiff=s prison trust account in an amount equal to twenty

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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

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each time the amount in the account exceeds $10.00, in accordance with 28

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U.S.C. ' 1915(b)(2), until a total of $350.00 has been collected and forwarded

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to the Clerk of the Court. The payments shall be clearly identified by the

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name and number assigned to this action.
3. The Clerk of the Court is directed to serve a copy of this order and a copy

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of plaintiff=s in forma pauperis application on the Sheriff of Tuolumne County Jail,
at 175 Yaney Avenue, Sonora, CA 95370.
4. The Clerk of the Court is directed to serve a copy of this order on the

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Financial Department, U.S.
Sacramento Division.

5. Within sixty (60) days of the date of service of this order, plaintiff shall

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District Court, Eastern District of California,

submit a 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.

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IT IS SO ORDERED.

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Dated:

May 5, 2017

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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