Vaughn v. Teran

Filing 8

ORDER GRANTING 7 Motion to Proceed IFP signed by Magistrate Judge Michael J. Seng on 8/22/17. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MARK A. VAUGHN,

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1:17-cv-00966-DAD-MJS

Plaintiff,

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ORDER GRANTING APPLICATION
TO PROCEED IN FORMA PAUPERIS

v.
TERAN,

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(ECF No. 7)
Defendant.

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Plaintiff is a prisoner proceeding with counsel in a civil rights action pursuant to 42

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U.S.C. ' 1983 and has requested leave to proceed in forma pauperis pursuant to 28

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U.S.C. ' 1915. (ECF No. 7.) Plaintiff has made the showing required by ' 1915(a) and

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accordingly, the request to proceed in forma pauperis will be granted. As Plaintiff is a

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prisoner, he is obligated to pay the statutory filing fee of $350.00 for this action. 28

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U.S.C. ' 1915(b)(1). Plaintiff is obligated to make monthly payments in the amount of

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twenty percent of the preceding month=s income credited to plaintiff=s trust account. The

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California Department of Corrections and Rehabilitation (CDCR) is required to send to

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the Clerk of the Court payments from plaintiff=s account each time the amount in the

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account exceeds $10.00, until the statutory filing fee is paid in full.

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28 U.S.C.

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' 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 Secretary of the CDCR or designee shall collect payments from

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plaintiff=s prison trust account in an amount equal to twenty per cent (20%)

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of the preceding month=s income credited to the prisoner=s trust account

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and shall forward those payments to the Clerk of the Court each time the

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amount in the account exceeds $10.00, in accordance with 28 U.S.C.

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' 1915(b)(2), until a total of $350.00 has been collected and forwarded to the

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

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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 CDCR, via the court's electronic
case filing system (CM/ECF).
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. District Court, Eastern District of California,
Sacramento Division.
5. Within sixty (60) days of the date of service of this order, plaintiff shall

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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:

August 22, 2017

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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