Brim v. Schlaerth et al

Filing 3

ORDER Granting 2 Motion to Proceed IFP signed by Magistrate Judge Erica P. Grosjean on 08/15/2017. (Attachments: # 1 IFP Application) (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Plaintiff,

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Case No. 1:17-cv-00797-AWI-EPG

EURIE BRIM, III,

v.
WILLIAM J. SCHLAERTH, et al.
Defendants.

ORDER GRANTING IN FORMA
PAUPERIS APPLICATION
ORDER DIRECTING PAYMENT OF
INMATE FILING FEE BY THE
CALIFORNIA DEPARTMENT OF
CORRECTIONS
(ECF No. 2)

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Plaintiff Eurie Brim III, proceeding pro se while incarcerated in California Correctional
Institution in Tehachapi, California, has filed a complaint in this action along with an application
to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. (ECF Nos. 1, 2.)
Plaintiff has made the requisite showing under 28 U.S.C. § 1915(a). Accordingly, his
application to proceed in forma pauperis is GRANTED. However, pursuant to 28 U.S.C. §
1915(b)(1), Plaintiff remains obligated to pay the statutory filing fee of $350.00 for this action
when funds exist in his inmate trust account. Accordingly, Plaintiff shall make monthly payments
in the amount of twenty percent (20%) of the preceding month’s income credited to his trust
account. 28 U.S.C. § 1915(b)(2). The California Department of Corrections and Rehabilitation, or
its designee, is required to send payments from Plaintiff’s trust account to the Clerk of the Court
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each 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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Accordingly, 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 California Department of Corrections and Rehabilitation, or its designee, shall

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collect payments from Plaintiff’s inmate trust account in an amount equal to

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twenty percent (20%) of the preceding month’s income credited to the trust

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account, and, each time the amount in the account exceeds $10.00, forward those

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payments to the Clerk of this Court in accordance with 28 U.S.C. § 1915(b)(2),

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until a total of $350.00 has been collected and forwarded to the Clerk of the Court.

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The 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

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Plaintiff’s in forma pauperis application on the Director of the California

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Department of Corrections and Rehabilitation, via the Court’s electronic case

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filing system (CM/ECF); and,

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4.

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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.

IT IS SO ORDERED.

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Dated:

August 15, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

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