Green v. Hathaway et al
ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/10/2017 GRANTING 2 Motion to Proceed IFP and DISMISSING 1 Complaint with leave to amend within 30 days from the date of service of this order. Plaintiff to pay the statutory filing fee of $350. All fees to be collected and paid in accordance with this court's order to the CDCR filed concurrently herewith. (Henshaw, R)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
No. 2:17-cv-1598 MCE CKD P
HATHAWAY, et al.,
Plaintiff is a state prisoner proceeding pro se and seeking relief pursuant to 42 U.S.C. §
1983. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. §
Plaintiff requests leave to proceed in forma pauperis. Since plaintiff has submitted a
declaration that makes the showing required by 28 U.S.C. § 1915(a), his request will be granted.
Plaintiff is required to pay the statutory filing fee of $350.00 for this action. 28 U.S.C. §§
1914(a), 1915(b)(1). By separate order, the court will direct the appropriate agency to collect the
initial partial filing fee from plaintiff’s trust account and forward it to the Clerk of the Court.
Thereafter, plaintiff will be obligated for monthly payments of twenty percent of the preceding
month’s income credited to plaintiff’s prison trust account. These payments will be forwarded by
the appropriate agency to the Clerk of the Court each time the amount in plaintiff’s account
exceeds $10.00, until the filing fee is paid in full. 28 U.S.C. § 1915(b)(2).
The court is required to screen complaints brought by prisoners seeking relief against a
governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a).
Prior to the court’s screening, plaintiff filed a motion requesting leave to amend. Good cause
appearing, plaintiff’s original complaint will be dismissed and plaintiff will be granted 30 days
within which to file an amended complaint.
In accordance with the above, IT IS HEREBY ORDERED that:
1. Plaintiff’s request for leave to proceed in forma pauperis (ECF No. 2) is granted.
2. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. All fees
shall be collected and paid in accordance with this court’s order to the Director of the California
Department of Corrections and Rehabilitation filed concurrently herewith.
3. Plaintiff’s complaint is dismissed.
4. Plaintiff is granted thirty days from the date of service of this order to file an amended
complaint that complies with the requirements of the Civil Rights Act, the Federal Rules of Civil
Procedure, and the Local Rules of Practice. The amended complaint must bear the docket
number assigned this case and must be labeled “Amended Complaint.” Failure to file an
amended complaint in accordance with this order will result in a recommendation that this action
Dated: October 10, 2017
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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