(PC) Carter v. Cox
Filing
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ORDER signed by Magistrate Judge Dennis M. Cota on 7/29/2020 GRANTING #2 Motion to Proceed IFP and DIRECTING MONTHLY PAYMENTS be made from Prison Account of Clyde David Carter. Plaintiff to pay the statutory filing fee of $350.00. The custodial agency shall collect an initial partial filing fee and monthly payments in accordance with this order until the filing fee of $350 is paid in full. (cc: CDCR and Financial Department) (Henshaw, R)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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CLYDE DAVID CARTER,
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Plaintiff,
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v.
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No. 2:20-CV-1322-DMC-P
B. COX,
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ORDER
Defendant.
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Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to
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42 U.S.C. § 1983. Pending before the Court is plaintiff’s motion for leave to proceed in forma
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pauperis (ECF No. 2). Plaintiff has submitted a declaration that makes the showing required by
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28 U.S.C. § 1915(a). The request to proceed in 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 (ECF No. 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;
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action pursuant to 28 U.S.C. §§ 1914(a) and 1915(b)(1);
3.
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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;
4.
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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;
5.
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The Clerk of the Court is directed to serve a copy of this order and a copy
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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
the Financial Department of the court.
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Dated: July 29, 2020
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DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE
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