Canada v. Macomber et al

Filing 22

ORDER signed by Magistrate Judge Deborah Barnes on 05/15/17 granting 18 Motion to Proceed IFP. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. All fees shall be collected in accordance with the court' s CDC order filed concurrently herewith. Within 30 days of the date of this order, plaintiff shall file a complaint on the form used by this district. The clerk of the court is directed to send plaintiff the court's form for filing a civil rights action. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RONALD LEE CANADA,

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Plaintiff,

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v.

No. 2:17-cv-0066 DB P

ORDER

MACOMBER, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding pro se. Plaintiff appears to seek relief pursuant to

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42 U.S.C. § 1983 and has requested leave to proceed in forma pauperis pursuant to 28 U.S.C. §

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1915. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. §

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636(b)(1).

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Plaintiff has submitted a declaration that makes the showing required by 28 U.S.C.
§ 1915(a). Accordingly, the request to proceed in forma pauperis will be granted.
Plaintiff is required to pay the statutory filing fee of $350.00 for this action. 28 U.S.C.

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§§ 1914(a), 1915(b)(1). By this order, plaintiff will be assessed an initial partial filing fee in

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accordance with the provisions of 28 U.S.C. § 1915(b)(1). By separate order, the court will direct

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the appropriate agency to collect the initial partial filing fee from plaintiff’s trust account and

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forward it to the Clerk of the Court. Thereafter, plaintiff will be obligated for monthly payments

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of 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 orders filed January 13, 2017 and February 24, 2017, plaintiff was informed that he

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must file a complaint if he wishes to proceed in this case. Plaintiff was provided a copy of the

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court’s form for a section 1983 complaint. While plaintiff has submitted the forms to proceed in

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forma pauperis, he has not filed a complaint. Plaintiff will be given one final opportunity to do

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so. Plaintiff is warned that if he fails to file a complaint, this case will be dismissed.

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

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1. Plaintiff’s request for leave to proceed in forma pauperis (ECF No. 18) is granted.

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

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is assessed an initial partial filing fee in accordance with the provisions of 28 U.S.C.

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§ 1915(b)(1). All fees shall be collected and paid in accordance with this court’s order to the

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Director of the California Department of Corrections and Rehabilitation filed concurrently

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herewith.

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3. Within thirty days of the date of this order, plaintiff shall file a complaint on the form

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used by this district. As plaintiff was advised previously, the complaint must bear the docket

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number assigned this case and plaintiff must file an original and two copies of the complaint. If

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plaintiff fails to file a complaint, this case will be dismissed without prejudice.

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4. The Clerk of the Court is directed to send plaintiff the court’s form for filing a civil

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rights action.

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DATED: May 15, 2017

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/s/ DEBORAH BARNES
UNITED STATES MAGISTRATE JUDGE

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DLB:9
DLB1/prisoner-civil rights/cana0066.1

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