Lewis v. IRS et al

Filing 3

ORDER GRANTING 2 Motion to Proceed IFP, signed by Magistrate Judge Erica P. Grosjean on 11/17/2021. (Attachments: # 1 IFP Application)(Martin-Gill, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DEANDRE LEWIS, 12 13 14 Plaintiff, Case No. 1:21-cv-01653-NONE-EPG ORDER GRANTING MOTION TO PROCEED IN FORMA PAUPERIS v. (ECF No. 2) IRS, et al., 15 Defendant. 16 17 Plaintiff Deandre Lewis is a prisoner proceeding pro se in this action and has requested 18 leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. (ECF No. 2). Plaintiff has made 19 the requisite showing required by § 1915(a) and accordingly, his application to proceed in forma 20 pauperis will be granted. 21 Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. 28 U.S.C. 22 § 1915(b)(1). Plaintiff is obligated to make monthly payments in the amount of twenty percent 23 (20%) of the preceding month’s income credited to Plaintiff’s trust account. The California 24 Department of Corrections is required to send to the Clerk of Court payments from Plaintiff’s 25 account each time the amount in the account exceeds $10.00, until the statutory filing fee is paid 26 in full. 28 U.S.C. § 1915(b)(2). 27 28 In accordance with the above and good cause appearing therefore, IT IS HEREBY ORDERED that: 1 1 1. Plaintiff’s application to proceed in forma pauperis (ECF No. 2) is GRANTED; 2 2. The Director of the California Department of Corrections or his designee 3 shall collect payments from Plaintiff’s prison trust account in an amount 4 equal to twenty percent (20%) of the preceding month’s income credited to 5 the prisoner’s trust account and shall forward those payments to the Clerk of 6 Court each time the amount in the account exceeds $10.00, in accordance with 7 28 U.S.C. § 1915(b)(2), until a total of $350.00 has been collected and 8 forwarded to the Clerk of Court. The payments shall be clearly identified by 9 the name and case number assigned to this action. 10 3. The Clerk of Court is directed to serve a copy of this order and a copy of 11 Plaintiff’s in forma pauperis application on the Director of the California Department of Corrections, via the court’s electronic case filing system 12 (CM/ECF). 13 4. The Clerk of Court is directed to serve a copy of this order on the Financial 14 Department, U.S. District Court, Eastern District of California. 15 16 IT IS SO ORDERED. 17 18 Dated: November 17, 2021 /s/ UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28 2

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