Coleman v. Frauenheim et al

Filing 7

ORDER Granting 2 Motion to Proceed IFP signed by Magistrate Judge Barbara A. McAuliffe on 09/27/2017. (Attachments: # 1 IFP Application) (Flores, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ANTHONY COLEMAN, 12 13 14 15 Plaintiff, v. SCOTT FRAUENHEIM, et al., Defendants. 16 Case No. 1:17-cv-01276-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 17 18 19 20 Plaintiff Anthony Coleman (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. On September 25, 2017, Plaintiff filed the instant motion to proceed in forma pauperis. 21 (ECF No. 2.) Plaintiff’s application did not include a certified copy of his trust account 22 statement, as required. On September 26, 2017, the Clerk of the Court directed the California 23 Department of Corrections and Rehabilitation to submit a certified prison trust account statement 24 for Plaintiff within 72 business hours. (ECF No. 3.) Plaintiff’s certified trust account statement 25 was filed on September 26, 2017. (ECF No. 6.) 26 Plaintiff has made the showing required by § 1915(a) and accordingly, the request to 27 proceed in forma pauperis will be granted. Plaintiff is obligated to pay the statutory filing fee of 28 $350.00 for this action. 28 U.S.C. § 1915(b)(1). Plaintiff is obligated to make monthly payments 1 1 in the amount of twenty percent (20%) of the preceding month’s income credited to Plaintiff’s 2 trust account. The California Department of Corrections is required to send to the Clerk of the 3 Court payments from Plaintiff’s trust account each time the amount in the account exceeds 4 $10.00, until the statutory filing fee is paid in full. 28 U.S.C. § 1915(b)(2). 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. Plaintiff's application to proceed in forma pauperis (ECF No. 2) is GRANTED; 7 2. The Director of the California Department of Corrections or his/her designee 8 shall collect payments from Plaintiff=s prison trust account in an amount equal to 9 twenty per cent (20%) of the preceding month=s income credited to the prisoner=s 10 trust account and shall forward those payments to the Clerk of the Court each time 11 the amount in the account exceeds $10.00, in accordance with 28 U.S.C. § 1915(b)(2), 12 until a total of $350.00 has been collected and forwarded to the Clerk of the Court. 13 The payments shall be clearly identified by the name and number assigned to this 14 action; 15 3. The Clerk of the Court is directed to serve a copy of this order and a copy of 16 Plaintiff=s in forma pauperis application on the Director of the California Department of 17 Corrections, via the court’s electronic case filing system (CM/ECF); and 18 19 4. 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. 20 21 22 IT IS SO ORDERED. Dated: /s/ Barbara September 27, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28 2

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