Leal v. Muzuka et al

Filing 4

ORDER GRANTING 2 Motion to Proceed IFP signed by Magistrate Judge Barbara A. McAuliffe on 10/9/2019. (Attachments: # 1 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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JOSE RAYMUNDO LEAL,
Plaintiff,

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ORDER GRANTING MOTION TO
PROCEED IN FORMA PAUPERIS

v.
(Doc. No. 2)
P.O. MUZUKA, et al.,
Defendants.

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Case No. 1:19-cv-01223-DAD-BAM

ORDER DIRECTING PAYMENT OF
INMATE FILING FEE

Plaintiff Jose Raymundo Leal (“Plaintiff”), proceeding pro se, filed this civil rights action

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on September 5, 2019. (Doc. No. 1.) Plaintiff was a county jail inmate at the time the action was
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filed but is currently a state prisoner incarcerated at the Wasco State Prison. (Doc. No. 3.)
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Currently before the Court is Plaintiff’s motion to proceed in forma pauperis pursuant to 28 U.S.C.

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§ 1915. (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 trust

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account. The California Department of Corrections is required to send to the Clerk of the Court
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payments from Plaintiff’s trust account each time the amount in the account exceeds $10.00, until

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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

_

UNITED STATES MAGISTRATE JUDGE

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