Willard v. Waddle
ORDER GRANTING 2 & 10 Motion to Proceed IFP signed by Magistrate Judge Gary S. Austin on 11/2/2017. (Attachments: # 1 IFP Motion). (Jessen, A)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
ORDER GRANTING APPLICATION TO
PROCEED IN FORMA PAUPERIS
(Documents # 2 & 10.)
JOSHUA A. WILLARD,
ORDER DIRECTING PAYMENT
OF INMATE FILING FEE BY CALIFORNIA
DEPARTMENT OF CORRECTIONS AND
Plaintiff is a prisoner proceeding pro se pursuant to 42 U.S.C. § 1983 and has requested
leave to proceed in forma pauperis pursuant to 28 U.S.C. ' 1915. Plaintiff has made the showing
required by ' 1915(a) and accordingly, the request to proceed in forma pauperis will be granted.
Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. 28 U.S.C.
' 1915(b)(1). Plaintiff is obligated to make monthly payments in the amount of twenty percent of
the preceding month=s income credited to plaintiff=s trust account. The California Department of
Corrections and Rehabilitation is required to send to the Clerk of the Court payments from
plaintiff=s account each time the amount in the account exceeds $10.00, until the statutory filing
fee is paid in full. 28 U.S.C. ' 1915(b)(2).
In accordance with the above and good cause appearing therefore, IT IS HEREBY
1. Plaintiff's application to proceed in forma pauperis is GRANTED;
2. The Director of the California Department of Corrections or his/her designee
shall collect payments from plaintiff=s prison trust account in an amount equal to
twenty per cent (20%) of the preceding month=s income credited to the prisoner=s
trust account and shall forward those payments to the Clerk of the Court each time
the amount in the account exceeds $10.00, in accordance with 28 U.S.C. ' 1915(b)(2),
until a total of $350.00 has been collected and forwarded to the Clerk of the Court.
The payments shall be clearly identified by the name and number assigned to this
3. The Clerk of the Court is directed to serve a copy of this order and a copy of
plaintiff=s in forma pauperis application on the Director of the California Department of
Corrections and Rehabilitation, via the court's electronic case filing system (CM/ECF);
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.
IT IS SO ORDERED.
December 2, 2017
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
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