Villegas v. Swarthout et al

Filing 5

ORDER signed by Magistrate Judge Craig M. Kellison on 4/11/13 ORDERING that 2 Motion to Proceed IFP is GRANTED; Plaintiff is required to pay the full statutory filing fee of $350.00 for this action; CDC shall collect and forward payment fro m the prison trust account of Jesse Leon Villegas to the clerk until the balance of $350 is paid in full. The clerk is directed to serve a copy of this order and the plaintiff's IFP on the Director of the CDC. The clerk is directed to serve a copy of this order on the financial department of the court. (cc Financial, CDC Prisoner Payment Orders )(Dillon, 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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JESSE LEON VILLEGAS,

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No. 2:13-CV-0168-CMK-P

Plaintiff,
vs.

ORDER

GARY SWARTHOUT, et al.,

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Defendants.

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/

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Plaintiff has submitted a declaration that makes the showing required by 28

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U.S.C. § 1915(a). Plaintiff requests leave to proceed in forma pauperis and has submitted a

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

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forma pauperis will, therefore, be granted.

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To:

The California Department of Corrections and Rehabilitation
1515 S Street, Sacramento, California 95814:

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

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In addition to any initial partial filing fee required to be assessed, 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 inmate trust account. The agency referenced above is required to send to

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the Clerk of the Court the initial partial filing fee and thereafter payments from plaintiff’s inmate
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trust account each time the amount in the account exceeds $10.00, until the statutory filing fee of

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$350.00 is paid in full. See 28 U.S.C. § 1915(b)(2).

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Accordingly, IT IS HEREBY ORDERED that:

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1.

Plaintiff’s motion for leave to proceed in forma pauperis (Doc. 2) 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;

action pursuant to 28 U.S.C. §§ 1914(a) and 1915(b)(1);
3.

The director of the agency referenced above, or a designee, shall collect

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from plaintiff’s inmate trust account an initial partial filing fee in accordance with the provisions

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of 28 U.S.C. § 1915(b)(1) and shall forward the amount to the Clerk of the Court, such payment

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

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4.

Thereafter, the director of the agency referenced above, or a designee, shall

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collect from plaintiff's inmate trust account the balance of the filing fee by collecting monthly

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payments from plaintiff's inmate trust account in an amount equal to twenty percent (20%) of the

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preceding month's income credited to plaintiff’s inmate trust account and forwarding payments to

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the Clerk of the Court each time the amount in the account exceeds $10.00 in accordance with 28

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U.S.C. § 1915(b)(2), until the $350.00 filing fee for this action has been paid in full, such

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

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5.

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

of plaintiff's signed in forma pauperis affidavit to the address shown above; and
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The Clerk of the Court is further directed to serve a copy of this order on

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the Financial Department of the court.

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DATED: April 11, 2013

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______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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