(PC) Bierman v. Kern County Sheriff Detention Facility Medical Administration

Filing 12

ORDER GRANTING 8 Motion to Proceed IFP; ORDER DENYING AS MOOT 11 Motion to Proceed IFP; ORDER DIRECTING PAYMENT of Inmate Filing Fee by the Kern County Sheriff, signed by Magistrate Judge Helena M. Barch-Kuchta on 02/12/2021. (Attachments: # 1 IFP Application) (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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1:20-cv-01777 HBK (PC)

JAMES BIERMAN,

ORDER GRANTING APPLICATION TO
PROCEED IN FORMA PAUPERIS

Plaintiff,
v.

(Doc. No. 8)

KERN COUNTY SHERIFF DETENTION
FACILITY MEDICAL
ADMINISTRATION,

ORDER DENYING AS MOOT DUPLICATE
APPLICATION TO PROCEED IN FORMA
PAUPERIS

Defendant.

(Doc. No. 11)

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ORDER DIRECTING PAYMENT
OF INMATE FILING FEE BY THE
KERN COUNTY SHERIFF

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Plaintiff, a prisoner, initiated this action on December 17, 2020, by filing a pro se civil rights

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complaint pursuant to 42 U.S.C. § 1983. (Doc. No. 1, Complaint). Plaintiff seeks leave to proceed

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in forma pauperis on his Complaint and submitted a copy of his prison trust fund statement in

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support. (Doc. Nos. 8, 10).1 Plaintiff has made the showing required by § 1915(a) to proceed in

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forma pauperis but remains obligated to pay the statutory filing fee of $402.00 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

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Plaintiff filed a duplicate application to proceed in forma pauperis on February 12, 2021. (Doc.
No. 11). Because the Court is granting Plaintiff’s earlier filed application, the Court will deny
the later filed application as moot.
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percent (20%) of the preceding month’s income credited to Plaintiff’s trust account. 28 U.S.C. §

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1915(b)(2). The Kern County Sheriff is required to send to the Clerk of the Court payments from

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plaintiff’s account each time the amount in the account exceeds $10.00, until the statutory filing

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fee is paid in full. Id.

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According, it is now ORDERED:

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1. Plaintiff's application to proceed in forma pauperis (Doc. No. 8) is GRANTED.

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2. Pursuant to 28 U.S.C. § 1915 (b)(1)The Kern County Sheriff or his designee shall

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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

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

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amount in the account exceeds $10.00 until a total of $402.00 has been collected and

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

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Plaintiff’s name and the case 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 in

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forma pauperis application (Doc. No. 8) on the Kern County Sheriff located at 1415 Truxtun

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Avenue, Bakersfield, CA 93301.

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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.

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5. Plaintiff’s duplicate Plaintiff's application to proceed in forma pauperis (Doc. No. 11) is
DENIED as moot.

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IT IS SO ORDERED.

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Dated:

February 12, 2021
HELENA M. BARCH-KUCHTA
UNITED STATES MAGISTRATE JUDGE

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