Patrick Edward Guy v. Brown et al

Filing 4

ORDER GRANTING Plaintiff's 2 Motion to Proceed IFP; ORDER DIRECTING Payment of Inmate Filing Fee by Sheriff of Fresno County signed by Magistrate Judge Barbara A. McAuliffe on 10/26/2017. (60-Day Deadline) (Attachments: # 1 IFP Application) (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ORDER GRANTING PLAINTIFF’S MOTION
TO PROCEED IN FORMA PAUPERIS
(ECF No. 2)

Plaintiff,

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Case No.: 1:17-cv-01408 BAM (PC)

PATRICK EDWARD GUY,

v.
JERRY BROWN, et al.,

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ORDER DIRECTING PAYMENT OF INMATE
FILING FEE BY SHERIFF OF FRESNO
COUNTY

Defendant.

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Plaintiff Patrick Edward Guy is a prisoner proceeding pro se pursuant to 42 U.S.C. '

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1983. Plaintiff initiated this action on October 19, 2017, (ECF No. 1.) and concurrently filed a

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motion for leave to proceed in forma pauperis pursuant to 28 U.S.C. ' 1915, (ECF No. 2).

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The Court finds that Plaintiff has made the showing required by ' 1915(a) and

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accordingly, the request to proceed in forma pauperis will be granted. Plaintiff is obligated to pay

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the statutory filing fee of $350.00 for this action. 28 U.S.C. ' 1915(b)(1). Plaintiff is obligated to

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make monthly payments in the amount of twenty percent of the preceding month’s income

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credited to Plaintiff=s trust account. The Sheriff of Fresno County is required to send to the Clerk

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of the Court payments from Plaintiff=s 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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In accordance with the above and good cause appearing therefore, IT IS HEREBY

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ORDERED that:

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1.

Plaintiff’s motion to proceed in forma pauperis (ECF No. 2) is GRANTED;

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2.

The Sheriff of Fresno County 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%) of the

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preceding month’s income credited to the prisoner’s trust account and shall forward those

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payments to the Clerk of the Court each time the amount in the account exceeds $10.00, in

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accordance with 28 U.S.C. ' 1915(b)(2), until a total of $350.00 has been collected and

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

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and number assigned to this action;
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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 Sheriff of Fresno County, via the Court’s

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electronic case filing system (CM/ECF);

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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; and
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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.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

October 26, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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