Daniels et al v. California Department of Corrections & Rehabilitation et al

Filing 3

ORDER GRANTING 2 Motion to Proceed IFP, signed by Magistrate Judge Barbara A. McAuliffe on 11/22/17. (Attachments: # 1 IFP Application) (Martin-Gill, S)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 FOR THE EASTERN DISTRICT OF CALIFORNIA 6 7 DARRON DANIELS, et al., Plaintiffs, 8 11 ORDER GRANTING PLAINTIFF DARRON DANIELS’ IN FORMA PAUPERIS APPLICATION (Doc. 2) v. 9 10 CASE NO. 1:17-cv-01510-AWI-BAM CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, et al., 12 ORDER DIRECTING PAYMENT OF DARRON DANIELS’ INMATE FILING FEE Defendants. 13 14 / 15 16 Plaintiff Darron Daniels (“Plaintiff”), a state prisoner proceeding pro se, filed this action 17 18 19 20 21 22 23 24 pursuant to 42 U.S.C. § 1983, on November 9, 2017. Currently before the Court is Plaintiff’s motion for leave to proceed in forma pauperis pursuant to 28 U.S.C. §1915. (Doc. 2.) Plaintiff has made the showing required by § 1915(a) and accordingly, the request to proceed in forma pauperis will be granted.1 Plaintiff Daniels 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 (20%) of the preceding month’s income credited to Plaintiff’s trust account. The California Department of Corrections is required to send to the Clerk of the Court payments from 25 1 26 27 28 Although Plaintiff’s application indicates that he is not incarcerated, the docket and filings on record in this matter, including Plaintiff’s prison trust account statement, reflect that Plaintiff is incarcerated at the California Substance Abuse and Treatment Facility in Corcoran, California. (Docs. 1 and 2.) Plaintiff is cautioned that factual contentions in any signed pleading, written motion or other paper presented to the Court must have evidentiary support and that denials of factual contentions must be warranted. Fed. R. Civ. P. 11(b). 1 1 Plaintiff’s trust account each time the amount in the account exceeds $10.00, until the statutory filing 2 fee is paid in full. 28 U.S.C. § 1915(b)(2). 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. 5 6 Plaintiff Darron Daniels’ application to proceed in forma pauperis, filed on November 9, 2017 (Doc. 2), is GRANTED; 2. The Director of the California Department of Corrections or his/her designee shall 7 collect payments from Plaintiff Darron Daniels’ prison trust account in an amount equal to 8 twenty percent (20%) of the preceding month’s income credited to the prisoner’s trust account 9 and shall forward those payments to the Clerk of the Court each time the amount in the account 10 exceeds $10.00, in accordance with 28 U.S.C. § 1915(b)(2), until a total of $350.00 has been 11 collected and forwarded to the Clerk of the Court. The payments shall be clearly identified by 12 the name and number assigned to this action; 13 3. The Clerk of the Court is directed to serve a copy of this order and a copy of Plaintiff’s 14 in forma pauperis application on the Director of the California Department of Corrections, via the 15 court’s electronic case filing system (CM/ECF); and 16 The Clerk of the Court is directed to serve a copy of this order on the Financial Department, 17 U.S. District Court, Eastern District of California, Fresno Division. 18 IT IS SO ORDERED. 19 20 Dated: /s/ Barbara November 22, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 27 28 2

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