Patterson v. The City of Vallejo California et al

Filing 9

ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/28/2016 VACATING the 5/17/2016 findings and recommendations 7 ; plaintiff's 8 request to proceed IFP is GRANTED; and plaintiff shall pay the $350.00 filing fee in accordance with the concurrent CDCR order. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BRYAN PATTERSON,

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No. 2:16-cv-0595 GEB CKD P

Plaintiff,
v.

ORDER

THE CITY OF VALLEJO CALIFORNIA,
et al.,
Defendants.

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Plaintiff is a state prisoner proceeding pro se and seeking relief pursuant to 42 U.S.C. §

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1983. On May 17, 2016, the undersigned recommended that this action be dismissed due to

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plaintiff’s failure to file a complete application to proceed in forma pauperis. (ECF No. 7.)

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On June 7, 2016, plaintiff filed a completed application to proceed in forma pauperis.

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(ECF No. 8.) Accordingly, the court will vacate its earlier findings and recommendation that this

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action be dismissed. This action will proceed on the complaint filed March 22, 2016, subject to

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screening. See 28 U.S.C. § 1915A(a).

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Since plaintiff has submitted a declaration that makes the showing required by 28 U.S.C. §

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1915(a), his request will be granted. Plaintiff is required to pay the statutory filing fee of $350.00

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for this action. 28 U.S.C. §§ 1914(a), 1915(b)(1). By separate order, the court will direct the

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appropriate agency to collect the initial partial filing fee from plaintiff’s trust account and forward
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it to the Clerk of the Court. Thereafter, plaintiff will be obligated for monthly payments of

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twenty percent of the preceding month’s income credited to plaintiff’s prison trust account.

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These payments will be forwarded by the appropriate agency to the Clerk of the Court each time

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the amount in plaintiff’s account exceeds $10.00, until the filing fee is paid in full. 28 U.S.C. §

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1915(b)(2).

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In accordance with the above, IT IS HEREBY ORDERED that:

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1. The May 17, 2016 findings and recommendations are hereby vacated;

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2. Plaintiff’s request for leave to proceed in forma pauperis (ECF No. 8) is granted; and

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

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shall be collected and paid in accordance with this court’s order to the Director of the California

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Department of Corrections and Rehabilitation filed concurrently herewith.

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Dated: June 28, 2016

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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