Lewis v. California Department of Corrections and Rehabiliation et al

Filing 6

ORDER filed 8/17/2017 granting 5 Motion to Proceed IFP. (Lundstrom, T)

Case 1:17-cv-01102-EPG Document 4 Filed 08/17/17 Page 1 of 3
1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10 TONY R. LEWIS ,
1:17−CV−01102−EPG (PC)
Plaintiff,

11
vs.

12

13 CALIFORNIA DEPARTMENT OF
CORRECTIONS & REHABILITATION,
14 ET AL. ,
Defendant(s).

15

16

ORDER GRANTING APPLICATION
TO PROCEED IN FORMA PAUPERIS
and
ORDER DIRECTING PAYMENT
OF INMATE FILING FEE BY
CALIFORNIA DEPARTMENT OF
CORRECTIONS

/

Plaintiff is a federal prisoner proceeding pro se pursuant to 403 U.S. 388 (1971) and has requested

17 leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. Plaintiff has made the showing
18 required § 1915(a) and accordingly, the request to proceed in forma pauperis will be granted.
19 Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. 28 U.S.C. § 1915(b)(1).
20 Plaintiff is obligated to make monthly payments in the amount of twenty percent of the proceeding
21 month's income credited to plaintiff's trust account. The California Department of Corrections is
22 required to send to the Clerk of the Court payments from plaintiff's account each time the amount in
23 the account exceeds $10.00, until the statutory filing fee is paid in full. 28 U.S.C. § 1915(b)(2).
24

In accordance with the above and good cause appearing therefore, IT IS HEREBY ORDERED

25 that:
26

1.

Plaintiff's application to proceed in forma pauperis is GRANTED;

27 /////
1

Case 1:17-cv-01102-EPG Document 4 Filed 08/17/17 Page 2 of 3

2

Case 1:17-cv-01102-EPG Document 4 Filed 08/17/17 Page 3 of 3
1

2.

The Director of the California Department of Corrections or his designee shall collect

2

payments from plaintiff's prison trust account in an amount equal to twenty percent (20%) of

3

the preceding month's income credited to the prisoner's trust account and shall forward those

4

payments to the Clerk of the Court each time the amount in the account exceeds $10.00, in

5

accordance with 28 U.S.C. § 1915(b)(2), until a total of $350.00 has been collected and

6

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

7

and case number assigned to this action.

8
9
10
11
12

3.

The Clerk of the Court is directed to serve a copy of this order and a copy of plaintiff's in

forma pauperis application on the Director of the California Department of Corrections, via the
court's electronic case filing system (CM/ECF).
4.

The Clerk of Court is directed to serve a copy of this order on the Financial Department,

U.S. District Court, Eastern District of California.

13

IT IS SO ORDERED.

14

DATED: August 17, 2017

/s/ Erica P. Grosjean
United States Magistrate Judge

15
16
17
18
19
20
21
22
23
24
25
26
27

3

Case 1:17-cv-01102-EPG Document 4-1 Filed 08/16/17 Page 11of 55
Case 1:17-cv-01102-EPG Document 2 Filed 08/17/17 Page of

Case 1:17-cv-01102-EPG Document 4-1 Filed 08/16/17 Page 22of 55
Case 1:17-cv-01102-EPG Document 2 Filed 08/17/17 Page of

Case 1:17-cv-01102-EPG Document 4-1 Filed 08/16/17 Page 33of 55
Case 1:17-cv-01102-EPG Document 2 Filed 08/17/17 Page of

Case 1:17-cv-01102-EPG Document 4-1 Filed 08/16/17 Page 44of 55
Case 1:17-cv-01102-EPG Document 2 Filed 08/17/17 Page of

Case 1:17-cv-01102-EPG Document 4-1 Filed 08/16/17 Page 55of 55
Case 1:17-cv-01102-EPG Document 2 Filed 08/17/17 Page of