Wiley v. Kern County Sheriff et al

Filing 14

ORDER granting 13 Motion to Proceed IFP signed by Magistrate Judge Barbara A. McAuliffe on 8/31/2017. (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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ANTHONY WILEY, SR.,

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Plaintiff,
v.
KERN COUNTY SHERIFF, et al.,
Defendants.

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Case No. 1:17-cv-00981-BAM (PC)
ORDER GRANTING MOTION TO
PROCEED IN FORMA PAUPERIS
(ECF No. 13)
ORDER DIRECTING PAYMENT OF
INMATE FILING FEE BY LERDO PRETRIAL FACILITY

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Plaintiff Anthony Wiley, Sr. (“Plaintiff”) is a pretrial detainee proceeding pro se in this

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civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff has consented to the jurisdiction of a

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United States Magistrate Judge. (ECF No. 5.)

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On July 31, 2017, Plaintiff filed an application to proceed in forma pauperis. (ECF No.

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6.) Plaintiff failed to attach a certified copy of his inmate trust account statement showing

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transactions for the past six months, and failed to have an authorized officer of the institution of

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incarceration complete the certification portion of the form. The Court denied Plaintiff’s motion

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without prejudice and ordered Plaintiff to submit a completed application or pay the filing fee

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within forty-five (45) days. (ECF No. 7.)

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On August 17, 2017, Plaintiff filed a motion to compel Kern County to comply or submit
application. (ECF No. 8.) Plaintiff stated that he submitted an application to proceed pro se to
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the Kern County Sheriff Financial Department on August 5, 2017, but the application was not

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signed and returned. Plaintiff attached a copy of his account statement, and the response to his

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request that was signed by a member of the Sheriff’s Department. (Id.) On August 21, 2017, the

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Court issued an order finding that Plaintiff had provided the necessary information to fulfill the

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requirements for a trust account statement and certification, and denying the motion to compel as

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moot. (ECF No. 9.) Plaintiff was directed to file a new application to proceed in forma pauperis,

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and specifically requested more information regarding the five-bedroom home listed as an asset in

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Plaintiff’s prior application.

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The same day the Court’s order was issued, Plaintiff filed renewed motions to compel and

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to proceed in forma pauperis on August 21, 2017. (ECF Nos. 10, 11.) As it appeared Plaintiff’s

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motions crossed with the Court’s order in the mail, and Plaintiff’s renewed motion to proceed in

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forma pauperis did not contain the requested information regarding Plaintiff’s assets, those

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motions were denied. (ECF No. 12.)

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Currently before the Court is Plaintiff’s third motion to proceed in forma pauperis. (ECF

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No. 13.) Plaintiff states that his residence is co-owned with his spouse, who is currently the sole

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resident of the property. (Id.)

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On the basis of the instant motion and the documents attached to Plaintiff’s motion to

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compel, (ECF No. 8, pp. 2–4), 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. Plaintiff is obligated to pay

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the statutory filing fee of $350.00 for this action. 28 U.S.C. § 1915(b)(1). Plaintiff is obligated to

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make monthly payments in the amount of twenty percent (20%) of the preceding month’s income

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credited to Plaintiff’s trust account. The Sheriff of Lerdo Pre-Trial Facility is required to send to

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the Clerk of the Court payments from Plaintiff’s trust account each time the amount in the

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account exceeds $10.00, until 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 Lerdo Pre-Trial Facility 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 Lerdo Pre-Trial Facility at, Attn:

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Inmate Trust Account, 17695 Industrial Farm Road, Bakersfield, CA 93308; and

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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.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

August 31, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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