Hernandez v. Carranza, et al.
Filing
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ORDER granting 2 Motion to Proceed IFP signed by Magistrate Judge Sheila K. Oberto on 8/16/2017. (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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1:17-cv-01071-SKO (PC)
DAVID HERNANDEZ,
ORDER GRANTING APPLICATION TO
PROCEED IN FORMA PAUPERIS
(Doc. 2)
and
Plaintiff,
v.
J. CARRANZA, et al.,
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ORDER DIRECTING PAYMENT
OF INMATE FILING FEE BY STANISLAUS
COUNTY SHERIFF’S DEPARTMENT
Defendants.
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Plaintiff is a prisoner proceeding pro se pursuant to 42 U.S.C. ' 1983 and has requested
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leave to proceed in forma pauperis pursuant to 28 U.S.C. ' 1915. Plaintiff has made the showing
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required by ' 1915(a) and accordingly, the request to proceed in forma pauperis will be granted.
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Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. 28 U.S.C.
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' 1915(b)(1). Plaintiff is obligated to make monthly payments in the amount of twenty percent of
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the preceding month=s income credited to plaintiff=s trust account. The Stanislaus County
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Sheriff’s Department is required to send to the Clerk of the Court payments from plaintiff=s
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account each time the amount in the account exceeds $10.00, until the statutory filing fee is paid
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in full. 28 U.S.C. ' 1915(b)(2).
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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 Sheriff for the County of Stanislaus or his 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 Sheriff for the County of Stanislaus.
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Department, U.S. District Court, Eastern District of California, Sacramento Division.
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5. Within sixty (60) days of the date of service of this order, plaintiff shall submit a
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certified copy of his prison trust account statement for the six-month period immediately
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preceding the filing of the complaint, if plaintiff has not already done so.
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The Clerk of the Court is directed to serve a copy of this order on the Financial
IT IS SO ORDERED.
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Dated:
August 16, 2017
/s/
Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
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