Lucas v. Swarthout et al

Filing 16

ORDER signed by Magistrate Judge Craig M. Kellison on 6/24/2011. The 5/2/2011 12 Findings and Recommendations are VACATED. Plaintiff's 13 Motion to Proceed In Forma Pauperis is GRANTED. He is required to pay filing fee of $350.00 for action and no initial partial fee will be asessed. (Marciel, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ISIAH LUCAS, JR.,

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Plaintiff,

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No. CIV S-10-3252-CMK-P

vs.

ORDER

GARY SWARTHOUT, et al.,

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Defendants.

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Plaintiff, a state prisoner proceeding pro se, brings this civil rights action pursuant

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to 42 U.S.C. § 1983. Pending before the court is plaintiff’s request for leave to proceed in forma

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pauperis (Doc. 13). Also pending before the court is plaintiff’s objections to the undersigned’s

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May 2, 2011, findings and recommendations. Plaintiff’s complaint will be addressed separately.

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The undersigned issued the May 2, 2011, findings and recommendations that this

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case be dismissed based on plaintiff’s failure to file a complete application for leave to proceed

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in forma pauperis or pay the appropriate filing fee. Plaintiff has since submitted his application

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and declaration that makes the showing required by 28 U.S.C. § 1915(a). The request to proceed

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in forma pauperis will, therefore, be granted, and the findings and recommendations vacated.

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Accordingly, IT IS HEREBY ORDERED that:

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The May 2, 2011, findings and recommendations (Doc. 12) are vacated,

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2.

Plaintiff’s motion for leave to proceed in forma pauperis (Doc. 13) is

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Plaintiff is required to pay the full statutory filing fee of $350.00 for this

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granted;

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action pursuant to 28 U.S.C. §§ 1914(a) and 1915(b)(1);

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4.

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§ 1915(b)(1); and

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5.

No initial partial filing fee will be assessed pursuant to 28 U.S.C.

Plaintiff will be obligated for monthly payments of twenty percent of the

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preceding month’s income credited to plaintiff’s inmate trust account, such payments to be

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forwarded by the appropriate agency to the Clerk of the Court each time the amount in plaintiff’s

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account exceeds $10.00, until the statutory filing fee is paid in full, pursuant to 28 U.S.C.

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§ 1915(b)(2).

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DATED: June 24, 2011
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CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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