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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RAUL GARZA,

Case No. 1:17-cv-01390-LJO-BAM

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Plaintiff,

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ORDER GRANTING MOTION TO
PROCEED IN FORMA PAUPERIS

v.

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(Doc. 2)
NATIONAL FOOTBALL LEAGUE,
players and staff, and LEBRON JAMES,
Defendants.

ORDER DIRECTING PAYMENT OF
INMATE FILING FEE BY CALIFORNIA
DEPARTMENT OF CORRECTIONS

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Plaintiff Raul Garza (“Plaintiff”) is a state prisoner appearing pro se in this civil rights

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action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action on October 16, 2017. (ECF

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No. 1.) Currently before the Court is Plaintiff’s motion to proceed in forma pauperis pursuant to

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28 U.S.C. § 1915. (ECF No. 2.)

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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 or her

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designee 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 trust

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

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in the account exceeds $10.00, in accordance with 28 U.S.C. § 1915(b)(2), until a total of

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$350.00 has 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 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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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.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

October 23, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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