Brock v. Tuolumne County Sheriffs

Filing 4

ORDER granting 2 Motion to Proceed IFP signed by Magistrate Judge Michael J. Seng on 12/8/2017. (Attachments: # 1 IFP Application) (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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1:17-cv-01610-MJS (PC)

DAVID LEE BROCK,

ORDER GRANTING APPLICATION TO
PROCEED IN FORMA PAUPERIS

Plaintiff,
v.

(ECF No. 2)

TUOLUMNE COUNTY SHERIFFS,

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ORDER DIRECTING PAYMENT
OF INMATE FILING FEE BY THE
TUOLUMNE COUNTY SHERIFF’S
DEPARTMENT

Defendant.

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

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requested leave to proceed in forma pauperis pursuant to 28 U.S.C. ' 1915. Plaintiff

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has made the showing required by ' 1915(a) and accordingly, the request to proceed in

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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

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payments in the amount of twenty percent of the preceding month=s income credited to

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plaintiff=s trust account. The Tuolumne County Sheriff’s Department is required to send

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to the Clerk of the Court payments from plaintiff=s account each time the amount in the

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account exceeds $10.00, until the statutory filing fee is paid in full. 28 U.S.C.

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' 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 Sheriff for the County of Tuolumne or his designee shall collect
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payments from plaintiff=s prison trust account in an amount equal to twenty

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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

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each time the amount in the account exceeds $10.00, in accordance with 28

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

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

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name and number assigned to this action.
3. The Clerk of the Court is directed to serve a copy of this order and a copy

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of plaintiff=s in forma pauperis application on the Sheriff for the County of
Tuolumne.
4. The Clerk of the Court is directed to serve a copy of this order on the

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Financial Department, U.S. District Court, Eastern District of California,
Sacramento Division.
5. Within sixty (60) days of the date of service of this order, plaintiff shall

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submit a certified copy of his prison trust account statement for the six-month
period immediately preceding the filing of the complaint, if plaintiff has not already
done so.
IT IS SO ORDERED.

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Dated:

December 8, 2017

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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