Miller v. McGrath et al

Filing 16

[VACATED PER 19 ORDER] ORDER signed by Magistrate Judge Kevin S. Chang on 1/5/09 ORDERING that the Application for leave to proceed IFP 7 is GRANTED. MIKE MCDONALD, WARDEN HIGH DESERT STATE PRISON (HDSP), or his designee, shall collect from Plai ntiff's prison account monthly payments and shall forward those payments to the Clerk of Court, until a total of $350.00 has been collected and forwarded to the Clerk of Court. The Clerk is DIRECTED to serve a copy of this Order on Plaintiff and on MIKE MCDONALD, WARDEN HDSP, P.O. BOX. 750, SUSANVILLE, CA 96127-0750. (Mena-Sanchez, L) Modified on 10/7/2009 (Benson, A.).

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA ERNEST MILLER, #T-97203, ) ) ) Plaintiff, ) ) vs. ) ) JOE MCGRATH, TOM FETREL, ) DAVID RUNNELS, ) ) Defendants. ) ____________________________ ) CIVIL NO. 2:08-00070 HWG/KSC ORDER GRANTING APPLICATION FOR LEAVE TO PROCEED IN FORMA PAUPERIS AND DIRECTING COLLECTION OF FILING FEE ORDER GRANTING APPLICATION FOR LEAVE TO PROCEED IN FORMA PAUPERIS AND DIRECTING COLLECTION OF FILING FEE Plaintiff is a state prisoner proceeding pro se. Plaintiff seeks relief pursuant to 42 U.S.C 1983 and has requested leave to proceed in forma pauperis pursuant to 28 U.S.C. 1915. Plaintiff has submitted a declaration that makes the showing required by 28 U.S.C. 1915(a). Accordingly, Plaintiff's request to proceed in forma pauperis is GRANTED. Plaintiff is required to pay the statutory filling fee of $350.00 for this action. 28 U.S.C. 1914(a), 1915(b)(1). When, as here, Plaintiff has insufficient funds available in his prison trust account, the court does not assess an initial partial filing fee. 28 U.S.C. 1915(b)(1). Plaintiff is obligated, however, to make monthly payments of twenty percent of the preceding month's income credited to Plaintiff's prison trust account. These payments shall be collected and forwarded by the appropriate agency to the Clerk of the Court each time the amount in Plaintiff's account exceeds $10.00, until the filing fee is paid in full. 28 U.S.C. 1915(b)(2). The court is required to screen complaints brought by prisoners seeking relief against a government entity or officer or employee of a government entity. 28 U.S.C. 1915A(a). The court has not yet screened the Complaint to determine whether it sufficiently states a claim and shall proceed in the normal course. After screening, if the court determines that Plaintiff's Complaint states a claim, the court will issue a written Order and will then instruct the Clerk of the Court to send Plaintiff the documents necessary to effect service. CONCLUSION 1. Plaintiff'S request for leave to proceed in forma pauperis is GRANTED. 2. Plaintiff is obligated to pay the statutory filing MIKE MCDONALD, WARDEN HIGH DESERT fee of $350.00 fo this action. STATE PRISON (HDSP), or his designee, shall collect from Plaintiff's prison account monthly payments in an amount equal to twenty percent of the preceding month's income credited to Plaintiff's prison account and shall forward those payments to the Clerk of Court each time the amount in the account exceeds $10.00 in accordance with 28 U.S.C. 1915(b)(2) until a total of $350.00 has been collected and forwarded to the Clerk of Court. 2 THE PAYMENTS SHALL BE CLEARLY IDENTIFIED BY THE NAME AND NUMBER ASSIGNED TO THIS ACTION. 3. The Clerk of the Court is DIRECTED to serve a copy of this Order on Plaintiff and on MIKE MCDONALD, WARDEN HDSP, P.O. BOX. 750, SUSANVILLE, CA 96127-0750. 4. The court has not yet screened the Complaint to determine whether it sufficiently states a claim and shall proceed in the normal course. After screening, if the court determines that Plaintiff's Complaint states a claim, the court will issue a written Order and will then instruct the Clerk of the Court to send Plaintiff the documents necessary to effect service. IT IS SO ORDERED. Dated: Honolulu, Hawaii, January 5, 2009. _____________________________ Kevin S.C. Chang United States Magistrate Judge 3

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