(PC) Bullette v. Warden

Filing 6

ORDER GRANTING #5 Application to Proceed In Forma Pauperis; ORDER DIRECTING Payment of Inmate Filing Fee by the California Department of Corrections, signed by Magistrate Judge Helena M. Barch-Kuchta on 11/17/2021. (Attachments: #1 IFP Application) (Rivera, O)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SONYA BULLETTE,

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Plaintiff,

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Case No. 1:21-cv-01519-HBK
ORDER GRANTING APPLICATION TO
PROCEED IN FORMA PAUPERIS

v.
(Doc. No. 5)

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WARDEN,

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Defendant.

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ORDER DIRECTING PAYMENT
OF INMATE FILING FEE BY THE
CALIFORNIA DEPARTMENT OF
CORRECTIONS

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Plaintiff, a prisoner, initiated this action on October 14, 2021, 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

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proceed in forma pauperis on her Complaint and submitted a copy of her prison trust fund

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statement and a Certification from prison officials in support. (Doc. No. 5). Plaintiff has made

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the showing required by § 1915(a) to proceed in forma pauperis but remains obligated to pay the

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statutory filing fees as set forth in 28 U.S.C. § 1915. Plaintiff is obligated to make an initial

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payment of $123.691 (20% of the average 6-month balance immediately preceding the filing

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of the complaint). Id., § 1915(b)(1)(B). Thereafter, Plaintiff is required to make monthly

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payments of 20% of the preceding month’s income credited to her trust account. The California

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According to the Certification, Plaintiff’s average monthly balance for the 6-month preceding
the filing of the Complaint was $618.46. (Doc. No. 5 at 2).

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Department of Corrections is required to send the initial $123.69 payment to the Clerk of the

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Court and subsequent payments from Plaintiff’s account each time the amount in her account

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exceeds $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 ORDERED:

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1. Plaintiff's motion to proceed in forma pauperis (Doc. No. 5) is GRANTED.

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2. The Secretary of the California Department of Corrections, or his designee shall

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forward an initial payment of $123.69 to the Clerk of the Court from Plaintiff’s prison trust

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account in accordance with 28 U.S.C. § 1915(b)(1)(B) and shall make future monthly

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payments in an amount equal to twenty percent (20%) of the preceding month’s income

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credited to the Plaintiff’s trust account each time the amount in the account exceeds $10.00,

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

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

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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

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in forma pauperis application on the Secretary of the California Department of Corrections, via

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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.

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Dated:

November 17, 2021
HELENA M. BARCH-KUCHTA
UNITED STATES MAGISTRATE JUDGE

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