Price v. McDonald

Filing 7

ORDER Granting Motion for Leave to Proceed in forma pauperis filed. Signed by Judge Thelton E. Henderson on 03/18/2013. (Attachments: # 1 Certificate/Proof of Service)(tmi, COURT STAFF) (Filed on 3/19/2013)

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N THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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LLOYD ALEXANDER PRICE,

No. C-13-0103 TEH (PR)

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Plaintiff,
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v.

ORDER GRANTING LEAVE TO PROCEED
IN FORMA PAUPERIS

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SERGEANT MCDONALD, San Jose
Police Department Officer,
(Doc. ## 2 & 5)

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Defendant.

United States District Court
For the Northern District of California

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/

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Plaintiff’s application for leave to proceed in forma

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pauperis under 28 U.S.C. § 1915 (Doc. ## 2 & 5) is GRANTED.

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total filing fee due is $ 350.00 and the initial partial filing fee

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due at this time is $0.00.

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this Order and the attached instructions will be sent to Plaintiff,

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the prison trust account office and the Court’s financial office.

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See 28 U.S.C. § 1915(b)(1).

A copy of

The Clerk is directed to terminate the motions listed in
docket numbers 2 and 5.

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IT IS SO ORDERED.

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DATED

03/18/2013
THELTON E. HENDERSON
United States District Judge

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The

G:\PRO-SE\TEH\CR.13\Price 13-103-grant ifp.wpd

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UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA

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INSTRUCTIONS FOR PAYMENT OF PRISONER’S FILING FEE

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The prisoner shown as the Plaintiff or Petitioner on the attached
Order has filed a civil action in forma pauperis in this Court and
owes to the Court a filing fee. Pursuant to 28 U.S.C. § 1915, the
fee is to be paid as follows:

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The initial partial filing fee listed on the attached Order
should be deducted by the prison trust account office from the
prisoner’s trust account and forwarded to the Clerk of the
Court as the first installment payment on the filing fee. This
amount is twenty percent of the greater of (a) the average
monthly deposits to the prisoner’s account for the six-month
period
immediately
preceding
the
filing
of
the
Complaint/Petition or (b) the average monthly balance in the
prisoner’s account for the six-month period immediately
preceding the filing of the Complaint/Petition.

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Thereafter, on a monthly basis, 20 percent of the preceding
month’s income credited to the prisoner’s trust account should
be deducted and forwarded to the Court each time the amount in
the account exceeds ten dollars ($10.00). The prison trust
account office should continue to do this until the filing fee
has been paid in full.

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If the prisoner does not have sufficient funds in his/her account to
pay the initial partial filing fee, the prison trust account office
should forward the available funds, and carry the balance forward
each month until the amount is fully paid.
If the prisoner has filed more than one Complaint, (s)he is required
to pay a filing fee for each case. The trust account office should
make the monthly calculations and payments for each case in which it
receives an order granting in forma pauperis and these instructions.
The prisoner’s name and case number must be noted on each
remittance. The initial partial filing fee is due within thirty
days of the date of the attached Order.
Checks should be made
payable to Clerk, U.S. District Court and sent to Prisoner Accounts
Receivable, U.S. District Court, 450 Golden Gate Avenue, Box 36060,
San Francisco, CA 94102.
cc:

Plaintiff/Petitioner
Finance Office

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(rev. 1/07)
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