Villanueva v. Voshall et al

Filing 7

ORDER GRANTING 2 Motion to Proceed IFP signed by Magistrate Judge Barbara A. McAuliffe on 12/5/2017. (Attachments: # 1 IFP Motion) (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JEREMY VILLANUEVA,

Case No.: 1:17-cv-01586-BAM (PC)

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Plaintiff,

ORDER GRANTING MOTION TO
PROCEED IN FORMA PAUPERIS

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v.

(ECF Nos. 2, 6)

K. VOSHALL,
Defendants.

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

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Plaintiff Jeremy Villanueva (“Plaintiff”) is a state prisoner proceeding pro se in this civil

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action pursuant to 42 U.S.C. § 1983. On November 29, 2017, Plaintiff filed the instant motion to

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proceed in forma pursuant to 28 U.S.C. § 1915. (ECF No. 2.) On December 1, 2017, Plaintiff

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filed a copy of his trust account statement. (ECF No. 6.)

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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/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, 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

December 5, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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