Thomas v. Felker et al

Filing 17

ORDER signed by Circuit Judge Susan P. Graber on 1/12/09 ORDERING that Pltf's 4 application to proceed IFP is GRANTED. Pltf to pay $350 filing fee. The Director of CDCR shall collect monthy payments and forward to the court. The Clerk is directed to serve a copy of this order and a copy of Pltfs IFP on CDCR and a copy of this order on the Court's Financial Department. (cc: CDCR and CFS) (Engbretson, K.)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION EDWARD THOMAS, Plaintiff, v. THOMAS FELKER, WARDEN, HIGH DESERT STATE PRISON, T. PEREZ, ASSOCIATE WARDEN, HIGH DESERT STATE PRISON, ET AL. Defendants. _____________________________/ 2:08-cv-2188-SPG (PC) ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS and ORDER DIRECTING PAYMENT OF INM ATE FILING FEE BY CALIFORNIA DEPARTMENT OF CORRECTIONS Plaintiff is a priso ner pro ceeding pro se 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 made the sho wing required by 1915(a) and accordingly, the request t o proceed in fo rma pauperis will be granted. Plaintiff is o bligated to pay the statut ory filing fee of $350.00 fo r this action. 28 U.S.C. -1PDF created with pdfFactory trial versi on www.pdffactory.com PDF created with pdfFactory trial version www.pdffactory.com 1915(b)(1). Plaintiff is obligated to make monthly payment s in the amount of t wenty percent of the preceding mo nth's income credited to plaint iff's trust acco unt. The Califo rnia Department of Co rrectio ns is required to send to the Clerk of the Co urt payment s from plaintiff's acco unt each time the amo unt in the account exceeds $10.00, until the statutory filing fee is paid in full. 28 U.S.C. 1915(b)(2). In accordance with the above and goo d cause appearing, IT IS HEREBY ORDERED that: 1. Plaintiff's applicat ion to pro ceed in forma pauperis is GRANTED; 2. The Director of the California Department of Corrections or the Director's designee shall collect payments from plaintiff's prison trust account in an amount equal to twenty per cent (20%) of the preceding month's income credited to the prisoner's trust account and shall forward those payments to the Clerk of the 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 the Court. The payments shall be clearly identified by the name and number assigned to this action. 3. The Clerk of the Co urt is directed to serve a copy of this order and a copy of plaint iff's in fo rma pauperis applicat ion on the Directo r o f the California Department of Co rrectio ns, via t he court's electronic case filing system (CM/ECF). -2PDF created with pdfFactory trial versi on www.pdffactory.com PDF created with pdfFactory trial version www.pdffactory.com 4. The Clerk of the Co urt is directed to serve a copy of this order o n the Financial Department, U.S. Dist rict Court, Eastern District of Califo rnia, Sacramento Division. IT IS SO ORDERED. Dated: January 12y2009 008 Januar , 12, 2 /s/ Susan P. Graber UNITED STATES CIRCUIT JUDGE -3PDF created with pdfFactory trial versi on www.pdffactory.com PDF created with pdfFactory trial version www.pdffactory.com

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