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)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MARK A. VAUGHN, 12 1:17-cv-00966-DAD-MJS Plaintiff, 13 14 ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS v. TERAN, 15 (ECF No. 7) Defendant. 16 17 18 Plaintiff is a prisoner proceeding with counsel in a civil rights action pursuant to 42 19 U.S.C. ' 1983 and has requested leave to proceed in forma pauperis pursuant to 28 20 U.S.C. ' 1915. (ECF No. 7.) Plaintiff has made the showing required by ' 1915(a) and 21 accordingly, the request to proceed in forma pauperis will be granted. As Plaintiff is a 22 prisoner, he is obligated to pay the statutory filing fee of $350.00 for this action. 28 23 U.S.C. ' 1915(b)(1). Plaintiff is obligated to make monthly payments in the amount of 24 twenty percent of the preceding month=s income credited to plaintiff=s trust account. The 25 California Department of Corrections and Rehabilitation (CDCR) is required to send to 26 the Clerk of the Court payments from plaintiff=s account each time the amount in the 27 account exceeds $10.00, until the statutory filing fee is paid in full. 28 1 28 U.S.C. 1 2 3 ' 1915(b)(2). In accordance with the above and good cause appearing therefore, IT IS HEREBY ORDERED that: 4 1. Plaintiff's application to proceed in forma pauperis is GRANTED; 5 2. The Secretary of the CDCR or designee shall collect payments from 6 plaintiff=s prison trust account in an amount equal to twenty per cent (20%) 7 of the preceding month=s income credited to the prisoner=s trust account 8 and shall forward those payments to the Clerk of the Court each time the 9 amount in the account exceeds $10.00, in accordance with 28 U.S.C. 10 ' 1915(b)(2), until a total of $350.00 has been collected and forwarded to the 11 Clerk of the Court. The payments shall be clearly identified by the name 12 and number assigned to this action. 3. The Clerk of the Court is directed to serve a copy of this order and a copy 13 14 15 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 16 17 18 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 19 20 21 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. 22 23 IT IS SO ORDERED. 24 25 Dated: August 22, 2017 /s/ Michael J. Seng UNITED STATES MAGISTRATE JUDGE 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?