Davis v. Kern Valley State Prison et al

Filing 12

ORDER GRANTING 9 Motion to Proceed IFP signed by Magistrate Judge Barbara A. McAuliffe on 3/9/2018. (Attachments: # 1 IFP Motion) (Sant Agata, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 KENDRICK DAVIS, 12 13 14 15 16 Plaintiff, v. KERN VALLEY STATE PRISON, et al., Defendants. Case No.: 1:18-cv-00243-BAM (PC) ORDER GRANTING MOTION TO PROCEED IN FORMA PAUPERIS (ECF Nos. 9, 11) ORDER DIRECTING PAYMENT OF INMATE FILING FEE BY CALIFORNIA DEPARTMENT OF CORRECTIONS 17 18 Plaintiff Kendrick Davis (“Plaintiff”) is a state prisoner proceeding pro se in this civil 19 action pursuant to 42 U.S.C. § 1983. On March 6, 2018, Plaintiff filed the instant motion to 20 proceed in forma pursuant to 28 U.S.C. § 1915. (ECF No. 9.) On March 8, 2018, Plaintiff filed a 21 copy of his trust account statement. (ECF No. 11.) 22 Plaintiff has made the showing required by § 1915(a) and accordingly, the request to 23 proceed in forma pauperis will be granted. Plaintiff is obligated to pay the statutory filing fee of 24 $350.00 for this action. 28 U.S.C. § 1915(b)(1). Plaintiff is obligated to make monthly payments 25 in the amount of twenty percent (20%) of the preceding month’s income credited to Plaintiff’s 26 trust account. The California Department of Corrections is required to send to the Clerk of the 27 Court payments from Plaintiff’s trust account each time the amount in the account exceeds 28 $10.00, until the statutory filing fee is paid in full. 28 U.S.C. § 1915(b)(2). 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. Plaintiff's application to proceed in forma pauperis (ECF No. 9) is GRANTED; 3 2. The Director of the California Department of Corrections or his/her designee 4 shall collect payments from Plaintiff’s prison trust account in an amount equal to 5 twenty per cent (20%) of the preceding month’s income credited to the prisoner’s 6 trust account and shall forward those payments to the Clerk of the Court each time 7 the amount in the account exceeds $10.00, in accordance with 28 U.S.C. § 1915(b)(2), 8 until a total of $350.00 has been collected and forwarded to the Clerk of the Court. 9 The payments shall be clearly identified by the name and number assigned to this 10 action; 11 3. The Clerk of the Court is directed to serve a copy of this order and a copy of 12 Plaintiff=s in forma pauperis application on the Director of the California Department of 13 Corrections, via the court’s electronic case filing system (CM/ECF); and 14 15 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. 16 17 18 IT IS SO ORDERED. Dated: /s/ Barbara March 9, 2018 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28 2

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