Cabrera v. Barrett

Filing 3

ORDER GRANTING #2 Motion to Proceed IFP signed by Magistrate Judge Barbara A. McAuliffe on 10/9/2019. (Attachments: #1 IFP Motion) (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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OMAR CABRERA,
Plaintiff,

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ORDER GRANTING MOTION TO
PROCEED IN FORMA PAUPERIS

v.
(Doc. No. 2)
CHARLES MARTIN BARRETT,
Defendant.

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Case No. 1:19-cv-01189-DAD-BAM

ORDER DIRECTING PAYMENT OF
INMATE FILING FEE

Plaintiff Omar Cabrera (“Plaintiff”), a state prisoner proceeding pro se, filed this action on
August 30, 2019. (Doc. No. 1.) Currently before the Court is Plaintiff’s motion to proceed in
forma pauperis pursuant to 28 U.S.C. § 1915, and Plaintiff’s trust account statement in support.

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(Doc. No. 2.)
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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 is GRANTED;

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 twenty
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percent (20%) of the preceding month’s income credited to the prisoner’s trust account and

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shall forward those payments to the Clerk of the Court each time the amount in the account

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exceeds $10.00, in accordance with 28 U.S.C. § 1915(b)(2), until a total of $350.00 has been

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collected and forwarded to the Clerk of the Court. The payments shall be clearly identified

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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

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Plaintiff’s in forma pauperis application on the Director of California Department of Corrections,

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via the court’s electronic case filing system (CM/ECF);

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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; and
5.

Plaintiff’s complaint will be screened in due course pursuant to 28 U.S.C. §

1915(e)(2).

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IT IS SO ORDERED.
Dated:

/s/ Barbara

October 9, 2019

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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