Stribling v. E. Wilson et al
Filing
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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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