Winstead v. Matevousian et al
Filing
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ORDER granting 7 Motion to Proceed IFP signed by Magistrate Judge Barbara A. McAuliffe on 8/30/2017. (Attachments: # 1 IFP Application) (Lundstrom, T)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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MARCUS KERNELL WINSTEAD,
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Plaintiff,
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Case No. 1:17-cv-00951-DAD-BAM (PC)
ORDER GRANTING MOTION TO
PROCEED IN FORMA PAUPERIS
v.
(ECF No. 7)
ANDREW MATEVOUSIAN, et al.,
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Defendants.
ORDER DIRECTING PAYMENT OF
INMATE FILING FEE BY USP LEWISBURG
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Plaintiff Marcus Kernell Winstead (“Plaintiff”) is appearing pro se in this civil rights
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action pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S.
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388 (1971). On July 17, 2017, Plaintiff filed a complaint, together with a motion to proceed in
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forma pauperis pursuant to 28 U.S.C. § 1915. (ECF Nos. 1, 2.) There was no certified copy of
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Plaintiff’s trust account statement attached to Plaintiff’s application, and the certificate portion of
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the form was not signed, dated, or filled-out by an authorized officer of the correctional
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institution. Plaintiff attached a declaration requesting to file his application without the trust
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account statement or staff signature because prison staff refused to print out his trust account
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statement. Plaintiff further stated that he anticipated being transferred to USP Lewisburg in the
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next week or two. (ECF No. 2.) Based on this information, 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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4.)
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Currently before the Court is Plaintiff’s renewed motion to proceed in forma pauperis.
(ECF No. 7.)
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 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 Warden of USP Lewisburg 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. 7) is GRANTED;
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2. The Warden of USP Lewisburg or his or her designee shall collect payments
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from Plaintiff=s prison trust account in an amount equal to twenty per cent (20%) of
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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
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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 Warden of USP Lewisburg, U.S.
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Penitentiary, 2400 Robert F. Miller Drive, Lewisburg, PA 17837; 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.
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IT IS SO ORDERED.
Dated:
/s/ Barbara
August 30, 2017
A. McAuliffe
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UNITED STATES MAGISTRATE JUDGE
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