Leal v. Kings County Sheriff et al

Filing 3

ORDER GRANTING #2 Motion to Proceed IFP signed by Magistrate Judge Sheila K. Oberto on 10/4/2019. (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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JOSE REYMUNDO LEAL,

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Plaintiff,
v.
KINGS COUNTY SHERIFF, KINGS
COUNTY PROBATION, MAZUKA,
Probation Officer at Kings County
Probation,

Case No.: 1:19-cv-01381-LJO-SKO
ORDER GRANTING APPLICATION TO
PROCEED IN FORMA PAUPERIS AND
DIRECTING PAYMENT
OF INMATE FILING FEE BY THE SHERIFF
OF THE KINGS COUNTY JAIL
(Doc. 2)

Defendants.

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

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leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. (Doc. 2.) Plaintiff has made the

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

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granted. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. 28 U.S.C.

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

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the preceding month’s income credited to Plaintiff’s trust account. The Sheriff of the Kings County

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Jail is required to send to the Clerk of Court payments from Plaintiff’s account each time the amount

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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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As to the status of his complaint, Plaintiff is advised that, pursuant to 28 U.S.C. §

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1915(e)(2), the court must conduct an initial review of every pro se complaint proceeding in forma

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pauperis to determine whether it is legally sufficient under the applicable pleading standards. The
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court must dismiss a complaint, or portion thereof, if the court determines that the complaint is

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legally frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks

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monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2). If the

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court determines that the complaint fails to state a claim, leave to amend may be granted to the

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extent that the deficiencies in the complaint can be cured by amendment. Plaintiff’s complaint will

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be screened in due course.

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If appropriate after the case has been screened, the Clerk of Court will provide Plaintiff with

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the requisite forms and instructions to request the assistance of the United States Marshal in serving

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the defendants pursuant to Federal Rule of Civil Procedure 4.

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Based on the foregoing and good cause appearing, IT IS HEREBY ORDERED that:

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1.

Plaintiff’s application to proceed in forma pauperis (Doc. 2) is GRANTED.

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2.

The Sheriff of the Kings County Jail or his designee shall collect payments from

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Plaintiff’s prison trust account in an amount equal to twenty per cent (20%) of the preceding

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month’s income credited to the prisoner’s trust account, and shall forward those payments

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to the Clerk of Court each time the amount in the account exceeds $10.00, in accordance with

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28 U.S.C. § 1915(b)(2), until a total of $350.00 has been collected and forwarded to the Clerk

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of Court. The payments shall be clearly identified by the name and number assigned to this

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action.

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3.

The Clerk of 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 Sheriff of the Kings County Jail, via the court’s electronic case

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filing system (CM/ECF).

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4.

The Clerk of Court is directed to serve a copy of this order on the Financial

Department, U.S. District Court, Eastern District of California, Sacramento Division.

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IT IS SO ORDERED.
Dated:

October 4, 2019

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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