Wilson v. Tuolumne County et al

Filing 4

ORDER GRANTING 2 Motion to Proceed IFP signed by Magistrate Judge Gary S. Austin on 10/12/2017. (Attachments: # 1 IFP Motion) (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ORDER GRANTING APPLICATION TO
PROCEED IN FORMA PAUPERIS
(Document# 2)

Plaintiff,

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1:17-cv-01354-GSA (PC)

CHRISTOPHER JOHN WILSON,

v.
TUOLUMNE COUNTY, et al.,

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and

Defendants.

ORDER DIRECTING PAYMENT
OF INMATE FILING FEE BY TUOLUMNE
COUNTY SHERIFF

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Plaintiff is a Tuolomne County Jail inmate proceeding pro se pursuant to 42 U.S.C.

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' 1983 and has requested leave to proceed in forma pauperis pursuant to 28 U.S.C. ' 1915.

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Plaintiff 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 $350.00 for

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this action. 28 U.S.C. ' 1915(b)(1). Plaintiff is obligated to make monthly payments in the

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amount of twenty percent of the preceding month=s income credited to plaintiff=s trust account.

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The Tuolomne County Sheriff is required to send to the Clerk of the Court payments from

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plaintiff=s account each time the amount in the account exceeds $10.00, until the statutory filing

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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 HEREBY
ORDERED that:

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

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2. The Tuolumne County Sheriff or his/her designee shall collect payments from

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plaintiff=s jail 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 the Court each time the amount in the account

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exceeds $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 the Court. The payments shall be

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clearly identified by the name and number assigned to this 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 Tuolumne County Sheriff at 175 Yaney

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Ave., Sonora, CA 95370.

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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, Sacramento Division.

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

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

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preceding the filing of the complaint, if plaintiff has not already done so.

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IT IS SO ORDERED.
Dated:

October 12, 2017

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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