Stribling v. E. Wilson et al

Filing 9

ORDER Granting 2 Motion to Proceed IFP; ORDER Directing Payment of Inmate Filing Fee by California Department of Corrections signed by Magistrate Judge Barbara A. McAuliffe on 09/27/2017. (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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AARON STRIBLING,

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Plaintiff,
v.
E. WILSON, et al.,
Defendants.

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Case No. 1:17-cv-01275-BAM (PC)
ORDER GRANTING MOTION TO
PROCEED IN FORMA PAUPERIS
(ECF No. 2)
ORDER DIRECTING PAYMENT OF
INMATE FILING FEE BY CALIFORNIA
DEPARTMENT OF CORRECTIONS

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Plaintiff Aaron Stribling (“Plaintiff”) is a state prisoner proceeding pro se in this civil

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rights action pursuant to 42 U.S.C. § 1983. This action was transferred from the Central District

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on September 25, 2017. (ECF No. 5.)

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On September 18, 2017, Plaintiff filed the instant request to proceed in forma pauperis.

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(ECF No. 2.) Plaintiff’s application included a copy of his trust account statement, but it was not

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certified. In addition, the certificate portion of the form was not completed or signed by an

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authorized officer of the institution.

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On September 25, 2017, the Clerk of the Court directed the California Department of

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Corrections and Rehabilitation to submit a certified prison trust account statement for Plaintiff

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within 72 business hours. (ECF No. 7.) Plaintiff’s certified trust account statement was filed on

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September 26, 2017. (ECF No. 8.)
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Plaintiff has made the showing required by § 1915(a) and accordingly, the request to

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proceed in forma pauperis will be granted. Plaintiff is obligated to pay the statutory filing fee of

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$350.00 for this action. 28 U.S.C. § 1915(b)(1). Plaintiff is obligated to make monthly payments

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in the amount of twenty percent (20%) of the preceding month’s income credited to Plaintiff’s

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trust account. The California Department of Corrections is required to send to the Clerk of the

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

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$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. 2) is GRANTED;

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2. The Director of the California Department of Corrections or his/her designee

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shall collect payments from Plaintiff=s prison trust account in an amount equal to

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twenty per cent (20%) of the preceding month=s income credited to the prisoner=s

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trust account and shall forward those payments to the Clerk of the Court each time

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the amount in the account exceeds $10.00, in accordance with 28 U.S.C. § 1915(b)(2),

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until a total of $350.00 has been collected and forwarded to the Clerk of the Court.

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The payments shall be clearly identified by the name and number assigned to this

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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 Director of the California Department of

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Corrections, via the court’s electronic case filing system (CM/ECF); 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

September 27, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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