Willard v. Waddle

Filing 11

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)

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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
(Documents # 2 & 10.)

Plaintiff,

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1:17-cv-01425-GSA (PC)

JOSHUA A. WILLARD,

v.
C. WADDLE,

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and
Defendant.

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

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Plaintiff is a prisoner proceeding pro se pursuant to 42 U.S.C. § 1983 and has requested

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leave to proceed in forma pauperis pursuant to 28 U.S.C. ' 1915. Plaintiff has made the showing

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required by ' 1915(a) and accordingly, the request to proceed in forma pauperis will be granted.

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Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. 28 U.S.C.

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' 1915(b)(1). Plaintiff is obligated to make monthly payments in the amount of twenty percent of

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the preceding month=s income credited to plaintiff=s trust account. The California Department of

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Corrections and Rehabilitation 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 Director of the California Department of Corrections or his/her designee

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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

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

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the amount in the account exceeds $10.00, in accordance with 28 U.S.C. ' 1915(b)(2),

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until a total of $350.00 has been collected and forwarded to the Clerk of the Court.

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The payments shall be clearly identified by the name and number assigned to this

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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 and Rehabilitation, via the court's electronic case filing system (CM/ECF);

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and
4.

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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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IT IS SO ORDERED.
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Dated:

December 2, 2017

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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