Stewart v. Christianson et al.
Filing
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ORDER GRANTING 9 Motion to Proceed IFP; ORDER DIRECTING Payment of Inmate Filing Fee by Stanislaus County Jail, signed by Magistrate Judge Barbara A. McAuliffe on 8/21/17. (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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GERALD STEWART,
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Plaintiff,
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v.
CHRISTIANSON, et al.,
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Defendants.
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Case No. 1:17-cv-00936-BAM (PC)
ORDER GRANTING MOTION TO
PROCEED IN FORMA PAUPERIS
(ECF No. 9)
ORDER DIRECTING PAYMENT OF
INMATE FILING FEE BY STANISLAUS
COUNTY JAIL
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Plaintiff Gerald Stewart (“Plaintiff”) is appearing pro se in this civil rights action pursuant
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to 42 U.S.C. § 1983. Plaintiff initiated this action on July 1, 2017. (ECF No. 1.) That same day,
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Plaintiff filed a motion to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. (ECF No. 3.)
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Plaintiff’s application was not signed or dated, there was no certified copy of Plaintiff’s trust
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account statement, and the certificate portion of the form was not signed, dated, or filled-out by
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an authorized officer of the correctional institution. The Court denied the motion without
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prejudice and ordered Plaintiff to submit a completed form within forty-five (45) days. (ECF No.
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6.)
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Currently before the Court is Plaintiff’s renewed motion to proceed in forma pauperis.
(ECF No. 9.)
Plaintiff has made the showing required by § 1915(a) and accordingly, the request to
proceed in forma pauperis will be granted. Plaintiff is obligated to pay the statutory filing fee of
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$350.00 for this action. 28 U.S.C. § 1915(b)(1). Plaintiff is obligated to make monthly payments
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in the amount of twenty percent (20%) of the preceding month’s income credited to Plaintiff’s
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trust account. The Sheriff of Stanislaus County Jail is required to send to the Clerk of the Court
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payments from Plaintiff’s trust account each time the amount in the account exceeds $10.00, until
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the statutory filing fee is paid in full. 28 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 (ECF No. 6) is GRANTED;
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2. The Sheriff of Stanislaus County Jail or his or her designee shall collect
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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
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shall forward those payments to the Clerk of the Court each time the amount in the
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account exceeds $10.00, in accordance with 28 U.S.C. § 1915(b)(2), until a total of
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$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 Sheriff of Stanislaus County Jail at, Attn:
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Inmate Trust Account, 250 E. Hackett Road, Modesto, California 95358; and
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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.
IT IS SO ORDERED.
Dated:
/s/ Barbara
August 21, 2017
A. McAuliffe
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UNITED STATES MAGISTRATE JUDGE
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