Ortiz v. Commissioner of Social Security

Filing 6

ORDER granting Motions to Proceed IFP 2 , 5 signed by Magistrate Judge Barbara A. McAuliffe on 2/9/2018. (Attachments: # 1 IFP Application, # 2 IFP Application) (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ALEXIS ALFREDO ORTIZ,

CASE NO. 1:17-cv-01611-BAM

Plaintiff,

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ORDER GRANTING MOTION TO
PROCEED IN FORMA PAUPERIS

v.

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(Docs. 2, 5)
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NANCY A. BERRYHILL, Acting
Commissioner of Social Security,

ORDER DIRECTING PAYMENT OF
INMATE FILING FEE

Defendant.

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/

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Plaintiff, a prisoner at the California Substance Abuse Treatment Facility, proceeding with

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counsel, filed this action requesting review of a final decision of the Commissioner of Social Security.

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

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made the showing required by § 1915(a) and accordingly, the request to proceed in forma pauperis

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will be granted. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. 28

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U.S.C. § 1915(b)(1). Plaintiff is obligated to make monthly payments in the amount of twenty percent

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

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Corrections is required to send to the Clerk of the Court payments from plaintiff’s account each time

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the amount in the account exceeds $10.00, until the statutory filing 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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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 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 action.

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3.

The Clerk of the Court is directed to serve a copy of this order and a copy of plaintiff’s

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in forma pauperis application on the Director of the California Department of Corrections, via the
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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, Sacramento Division.
IT IS SO ORDERED.

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Dated:

/s/ Barbara

February 9, 2018

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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