Flores v. Red Robin
Filing
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ORDER GRANTING Application to Proceed In Forma Pauperis; ORDER DIRECTING Payment of Inmate Filing Fee by Nevada Department of Corrections, signed by Magistrate Judge Stanley A. Boone on 8/23/17. (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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MOSES FLORES,
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Plaintiff,
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CASE No. 1:17-cv-00595-DAD-SAB
ORDER GRANTING APPLICATION TO
PROCEED IN FORMA PAUPERIS
v.
ORDER DIRECTING PAYMENT
OF INMATE FILING FEE BY NEVADA
DEPARTMENT OF CORRECTIONS
RED ROBIN,
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Defendant.
(ECF No. 4)
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Plaintiff Moses Flores is a prisoner proceeding pro se pursuant to 42 U.S.C. §1983 and has
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requested leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. 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 Nevada Department of
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Corrections is required to send to the Clerk of the Court payments from plaintiff’s account each
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time the amount in the account exceeds $10.00, until the statutory filing fee is paid in full. 28
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U.S.C. § 1915(b)(2).
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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 Director of the Nevada Department of Corrections or his designee shall
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collect payments from plaintiff’s prison trust account in an amount equal to twenty per cent
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(20%) of 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 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 been
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collected and forwarded to the Clerk of the Court. The payments shall be clearly identified
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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 Nevada Department of Corrections, Inmate
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Banking, 5500 Snyder Avenue, Carson City, Nevada 89702,via the court’s electronic case filing
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system (CM/ECF);
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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, Sacramento Division; and
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5. Within sixty (60) days of the date of service of this order, plaintiff shall submit a
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certified copy of his prison trust account statement for the six-month period immediately
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preceding the filing of the complaint, if plaintiff has not already done so.
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IT IS SO ORDERED.
Dated:
August 22, 2017
UNITED STATES MAGISTRATE JUDGE
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