Rodriguez v. State of California et al

Filing 9

ORDER DIRECTING MONTHLY PAYMENTS be made from the Prison Account of Luis Valenzuela Rodriguez; granting 2 , 8 Motion to Proceed IFP, signed by Senior Judge Alfred T. Goodwin on 3/8/13. The Clerk is directed to serve a copy of this order and a copy of plaintiff's signed in forma pauperis affidavit on Director, California Department of Corrections and Rehabilitation, 1515 S Street, Sacramento, California 95814.The Clerk is directed to serve a copy of this order on the Financial Department of the court. (cc: Financial Dept). (Kastilahn, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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No. 2:12-cv-02688-ATG

LUIS VALENZUELA RODRIGUEZ,
Plaintiff,
vs.

ORDER GRANTING
APPLICATION TO PROCEED IN
FORMA PAUPERIS

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STATE OF CALIFORNIA, et al.,
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Defendants.
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Plaintiff’s application to proceed in forma pauperis is GRANTED.

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Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action.

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Plaintiff is assessed an initial partial filing fee of 20 percent of the greater of (a) the average

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monthly deposits to plaintiff’s trust account; or (b) the average monthly balance in plaintiff’s

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account for the 6-month period immediately preceding the filing of this action. 28 U.S.C. §

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1915(b)(1).

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GOOD CAUSE APPEARING THEREFOR, it is hereby ordered that:

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1. Upon payment of that initial partial filing fee, plaintiff will be obligated to

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make monthly payments in the amount of twenty percent of the preceding month’s income

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credited to plaintiff’s trust account. The California Department of Corrections and Rehabilitation

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is required to send to the Clerk of the Court the initial partial filing fee and thereafter payments

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from plaintiff’s prison trust account each time the amount in the account exceeds $10.00, until

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the statutory filing fee of $350.00 is paid in full. 28 U.S.C. § 1915(b)(2).

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2. The Director of the California Department of Corrections and Rehabilitation or
a designee shall collect from plaintiff’s prison trust account an initial partial filing fee in
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accordance with the provisions of 28 U.S.C. § 1915(b)(1) as set forth in this order and shall

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forward the amount to the Clerk of the Court. The payment shall be clearly identified by the

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name and number assigned to this action.

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3. Thereafter, the Director of the California Department of Corrections and

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Rehabilitation or a designee shall collect from plaintiff’s prison trust account monthly payments

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from plaintiff’s prison trust account in an amount equal to twenty percent (20%) of the preceding

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month’s income credited to the prisoner’s trust account and forward payments to the Clerk of the

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Court each time the amount in the account exceeds $10.00 in accordance with 28 U.S.C.

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§ 1915(b)(2), until the $350.00 filing fee for this action has been paid in full. The payments shall

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be clearly identified by the name and number assigned to this action.

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4. The Clerk of the Court is directed to serve a copy of this order and a copy of

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plaintiff’s signed in forma pauperis affidavit on Director, California Department of Corrections

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and Rehabilitation, 1515 S Street, Sacramento, California 95814.

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5. The Clerk of the Court is directed to serve a copy of this order on the Financial
Department of the court.
IT IS SO ORDERED.
DATED: March 8, 2013

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/s/ Alfred T. Goodwin

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ALFRED T. GOODWIN
United States Circuit Judge
Sitting by designation

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