Acord v. Champions Recovery Alternatives et al

Filing 6

ORDER Granting 5 Motion to Proceed IFP signed by Magistrate Judge Erica P. Grosjean on 10/23/2017. (Attachments: # 1 IFP Application) (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RICHARD ACORD,

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Case No. 1:17-cv-01145-LJO-EPG

Plaintiff,

ORDER GRANTING MOTION TO
PROCEED IN FORMA PAUPERIS

v.
(ECF No. 5)

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CHAMPIONS RECOVERY
ALTERNATIVES, et al.,
Defendants.

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Plaintiff Richard Acord is proceeding pro se in this action pursuant to 42 U.S.C. § 1983.

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Plaintiff states that he is in custody in Kings County Jail in Kings County California. (ECF No.

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1.) On August 25, 2017, Plaintiff submitted an application to proceed in forma pauperis pursuant

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to 28 U.S.C. § 1915. (ECF No. 2.) The Court denied the application due to Plaintiff’s failure to

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submit an affidavit stating his assets with particularity, but granted leave to submit a second

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application. (ECF No. 3.)

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On October 13, 2017, Plaintiff filed a second application to proceed in forma pauperis.

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(ECF No. 5.) Plaintiff has made the requisite showing under 28 U.S.C. § 1915(a). Accordingly,

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his application to proceed in forma pauperis is GRANTED. However, pursuant to 28 U.S.C. §

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1915(b)(1), Plaintiff remains obligated to pay the statutory filing fee for this action when funds

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exist in his inmate trust account. Accordingly, Plaintiff shall make monthly payments in the

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amount of twenty percent (20%) of the preceding month’s income credited to his trust account.
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28 U.S.C. § 1915(b)(2). The Sheriff of Kings County, or its designee, is required to send

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payments from Plaintiff’s trust account to the Clerk of the Court 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 is GRANTED;

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2.

Within sixty (60) days of the date of service of this order, Plaintiff shall submit a

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certified copy of his inmate trust account statement for the six-month period

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immediately preceding the filing of the complaint, if Plaintiff has not already

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done so;

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3.

The Sheriff of Kings County or his designee shall collect payments from

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Plaintiff’s inmate trust account in an amount equal to twenty per cent (20%) of the

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preceding month’s income credited to the inmate’s trust account and shall forward

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those payments to the Clerk of Court each time the amount in the account exceeds

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$10.00, in accordance with 28 U.S.C. §1915(b)(2), until a total of $350.00 has

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been collected and forwarded to the Clerk of Court. The payments shall be

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clearly identified by the name and number assigned to this action;

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4.

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 Kings County, via mail

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at 1444 W. Lacey Blvd. Hanford, CA 93230; and

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5.

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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:

October 23, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

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