Wallace v. Morris

Filing 14

ORDER signed by Magistrate Judge Craig M. Kellison on 1/12/18 GRANTING 2 , 11 , 12 motions for leave to proceed in forma pauperis and DENYING as unnecessary 9 motion to amend. Plaintiff is obligated to pay the statutory filing fee of $350 .00 for this action. Also, DIRECTING MONTHLY PAYMENTS be made from Prison Account of George Wallace. CDC is to collect payments from plaintiff's account and forward to the clerk until the $350.00 filing fee is paid in full. Clerk to serve this order and a copy of plaintiff's IFP on the Director of CDC. Clerk to also serve Financial with a copy of this order. (cc: CDC Director and Financial) (Plummer, 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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GEORGE WALLACE,

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Plaintiff,

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vs.

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No. 2:17-cv-0428-CMK-P

JESSIE MORRIS,

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ORDER

Defendant.

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/

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Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42

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U.S.C. § 1983. 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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Plaintiff has also filed a motion for leave to amend (Doc. 9), together with a

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proposed amended complaint (Doc. 10). Pursuant to Federal Rule of Civil Procedure 15(a)(1), a

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party may amend his pleading once as a matter of right at any time before being served with a

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responsive pleading. A review of the docket reflects that no responsive pleading has been served.

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Therefore, plaintiff’s motion is unnecessary. This action shall now proceed on the amended

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complaint, which supercedes the prior complaint. The amended complaint will be addressed by

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separate order.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

Plaintiff’s motions for leave to proceed in forma pauperis (Docs. 2, 11, 12)

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

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are granted;

action pursuant to 28 U.S.C. §§ 1914(a) and 1915(b)(1);
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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;
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The Clerk of the Court is further directed to serve a copy of this order on

the Financial Department of the court; and
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Plaintiff’s motion to amend (Doc. 9) is denied as unnecessary.

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DATED: January 12, 2018
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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