Garza v. National Football League et al

Filing 3

ORDER GRANTING Motion to Proceed IFP 2 , signed by Magistrate Judge Barbara A. McAuliffe on 10/23/17. (Attachments: # 1 IFP Application) (Hellings, J)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RAUL GARZA, Case No. 1:17-cv-01390-LJO-BAM 12 Plaintiff, 13 ORDER GRANTING MOTION TO PROCEED IN FORMA PAUPERIS v. 14 15 16 (Doc. 2) NATIONAL FOOTBALL LEAGUE, players and staff, and LEBRON JAMES, Defendants. ORDER DIRECTING PAYMENT OF INMATE FILING FEE BY CALIFORNIA DEPARTMENT OF CORRECTIONS 17 Plaintiff Raul Garza (“Plaintiff”) is a state prisoner appearing pro se in this civil rights 18 action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action on October 16, 2017. (ECF 19 No. 1.) Currently before the Court is Plaintiff’s motion to proceed in forma pauperis pursuant to 20 28 U.S.C. § 1915. (ECF No. 2.) 21 Plaintiff has made the showing required by § 1915(a) and accordingly, the request to 22 proceed in forma pauperis will be granted. Plaintiff is obligated to pay the statutory filing fee of 23 $350.00 for this action. 28 U.S.C. § 1915(b)(1). Plaintiff is obligated to make monthly payments 24 in the amount of twenty percent (20%) of the preceding month’s income credited to Plaintiff’s 25 trust account. The California Department of Corrections is required to send to the Clerk of the 26 Court payments from Plaintiff’s trust account each time the amount in the account exceeds 27 $10.00, until the statutory filing fee is paid in full. 28 U.S.C. § 1915(b)(2). 28 Accordingly, IT IS HEREBY ORDERED that: 1 1 1. Plaintiff’s application to proceed in forma pauperis (ECF No. 2) is GRANTED; 2 2. The Director of the California Department of Corrections or his or her 3 designee shall collect payments from Plaintiff=s prison trust account in an amount equal to 4 twenty per cent (20%) of the preceding month=s income credited to the prisoner=s trust 5 account and shall forward those payments to the Clerk of the Court each time the amount 6 in the account exceeds $10.00, in accordance with 28 U.S.C. § 1915(b)(2), until a total of 7 $350.00 has been collected and forwarded to the Clerk of the Court. The payments shall be 8 clearly identified by the name and number assigned to this action; 9 3. The Clerk of the Court is directed to serve a copy of this order and a copy of 10 Plaintiff=s in forma pauperis application on the Director of the California Department of 11 Corrections, via the court’s electronic case filing system (CM/ECF); and 12 13 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. 14 15 16 IT IS SO ORDERED. Dated: /s/ Barbara October 23, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2

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