Hardin v. Warden of High Desert State Prison et al

Filing 7

ORDER GRANTING 2 Motion to Proceed IFP signed by Magistrate Judge Michael J. Seng on 12/3/2017. (Attachments: # 1 IFP Motion). (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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1:17-cv-01314-MJS (PC)

JEFFREY THOMAS HARDIN, JR.,
Plaintiff,

ORDER GRANTING APPLICATION TO
PROCEED IN FORMA PAUPERIS

v.
WARDEN OF HIGH DESERT STATE
PRISON, et al.,

(ECF No. 2)

Defendant.

ORDER DIRECTING PAYMENT
OF INMATE FILING FEE BY KERN
COUNTY SHERIFF’S DEPARTMENT

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Plaintiff is a prisoner proceeding pro se pursuant to 42 U.S.C. ' 1983 and has

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requested leave to proceed in forma pauperis pursuant to 28 U.S.C. ' 1915. Plaintiff

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has made the showing required by ' 1915(a) and accordingly, the request to proceed in

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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

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payments in the amount of twenty percent of the preceding month=s income credited to

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plaintiff=s trust account. The Kern County Sheriff’s Department is required to send to the

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Clerk of the Court payments from plaintiff=s account each time the amount in the account

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exceeds $10.00, until the statutory filing fee is paid 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
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HEREBY ORDERED that:

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1. Plaintiff's application to proceed in forma pauperis is GRANTED;

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2. The Kern County Sheriff or his designee shall collect payments from

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plaintiff=s prison trust account in an amount equal to twenty per cent (20% )

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of the preceding month=s income credited to the prisoner=s trust account

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

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amount in the account exceeds $10.00, in accordance with 28 U.S.C.

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' 1915(b)(2), until a total of $350.00 has been collected and forwarded to the

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Clerk of the Court. The payments shall be clearly identified by the name

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and number assigned to this action.
3. The Clerk of the Court is directed to serve a copy of this order and a copy

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of plaintiff=s in forma pauperis application on the Lerdo Facility, via the court's
electronic case filing system (CM/ECF).
4. The Clerk of the Court is directed to serve a copy of this order on the

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Financial Department, U.S. District Court, Eastern District of California,
Sacramento Division.
5. Within sixty (60) days of the date of service of this order, plaintiff shall

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submit a certified copy of his prison trust account statement for the six-month
period immediately preceding the filing of the complaint, if plaintiff has not already
done so.
IT IS SO ORDERED.

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Dated:

December 3, 2017

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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