Santos v. Allen et al

Filing 338

ORDER Granting 330 , 332 Motion/Applications for Leave to Proceed in forma pauperis on appeal. The clerk shall send a copy of this order to the Finance Division of the Clerk's Office and also to the attention of the inmate accounts department at Northern Nevada Correctional Center. Signed by Judge Kent J. Dawson on 2/26/2018. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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RONALD R. SANTOS,

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Plaintiff,

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v.

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Case No. 2:11-cv-1251-KJD-NJK

ISIDRO BACA, et al.,

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ORDER

Defendants.

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Presently before the Court is Plaintiff’s Motion for Leave to Proceed In Forma Pauperis

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(##330, 332). As Plaintiff is proceeding in this action pro se, this Court liberally construes his

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Motion for Leave to Proceed In Forma Pauperis as a Motion for Leave to Proceed In Forma

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Pauperis on Appeal in accordance with Federal Rule of Appellate Procedure 24.1

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Plaintiff is proceeding in this action pro se and requests authority pursuant to 28 U.S.C. §

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1915 to proceed in forma pauperis. Plaintiff must pay an initial partial filing fee of the greater of

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twenty percent of the average monthly deposits or twenty percent of the average monthly balance of

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The Clerk of Court entered judgment in this case against Plaintiff on March 31, 2017 (#318). Plaintiff filed the
present Motion on June 21, 2017, and is currently appealing this Court’s grant of summary judgment against him to the
United States Court of Appeals, Ninth Circuit (case number 18-15123). Plaintiff filed a “Request for Order Allowing
Plaintiff to Proceed on In Forma Pauperis Status on Appeal” (#337) on February 15, 2018. Thus, this Court will liberally
construe and evaluate his prior pro se Motion for Leave to Proceed In Forma Pauperis as a Motion for Leave to Proceed
In Forma Pauperis on Appeal.

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his account for the six months immediately preceding the commencement of this action. See 28

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U.S.C. § 1915(b)(1). Plaintiff’s average monthly balance is $00.02, and his average monthly deposit

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is $83.33. Therefore, the Court will require an initial partial filing fee of $16.67 to be made at this

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time.

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Additionally, Plaintiff must make installment payments to the extent required by 28 U.S.C. §

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1915(b)(2). To that end, Northern Nevada Correctional Center and any prison that subsequently

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houses Plaintiff shall forward to the Clerk of the United States District Court, District of Nevada,

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twenty percent of the preceding month’s deposits to Plaintiff’s inmate trust account (in the months

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that the account exceeds $10.00) until the full $505.00 filing fee has been paid for this action. The

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Clerk of the Court shall send a copy of this Order to the Finance Division of the Clerk’s Office. The

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Clerk shall also send a copy of this Order to the attention of the inmate accounts department at

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Northern Nevada Correctional Center.

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Accordingly, subject to the above conditions, Plaintiff’s application to proceed in forma

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papueris on appeal (##330, 332) is hereby GRANTED.

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DATED this 26th day of February, 2018.

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__________________________
Kent J. Dawson
United States District Judge

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