Simmons v. Hedgpeth
Filing
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ORDER Granting Motion to Proceed In Forma Pauperis 40 ; ORDER Directing Payment of Inmate Filing Fee by California Department of Corrections; ORDER Striking Order Filed on August 16, 2007 3 , signed by Magistrate Judge Gerald B. Cohn on 11/22/11. (Attachments: # 1 IFP Motion) (Verduzco, M)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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FRESNO DIVISION
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CHRISTOPHER I. SIMMONS,
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1:07-cv-01058-LJO-GBC (PC)
Plaintiff,
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v.
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ANTHONY HEDGPETH,
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ORDER GRANTING APPLICATION TO
PROCEED IN FORMA PAUPERIS
Doc. 40
Defendant.
ORDER DIRECTING PAYMENT
OF INMATE FILING FEE BY
CALIFORNIA DEPARTMENT OF
CORRECTIONS
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ORDER STRIKING ORDER FILED ON
AUGUST 16, 2007
Doc. 3
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_____________________________/
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Plaintiff is a prisoner proceeding pro se pursuant to 42 U.S.C. § 1983. On November 3, 2011,
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the Court found that Plaintiff was granted in forma pauperis (“IFP”) status incorrectly and ordered
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Plaintiff to resubmit a request to proceed in forma pauperis on the correct form. Doc. 39. On November
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14, 2011, Plaintiff requested leave to proceed IFP pursuant to 28 U.S.C. § 1915 and submitted said
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request on the appropriate form. Doc. 40.
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Plaintiff has made the showing required by § 1915(a) and accordingly, the request to proceed IFP
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will be granted. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. 28 U.S.C.
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§ 1915(b)(1). Plaintiff is obligated to make monthly payments in the amount of twenty percent of the
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preceding month’s income credited to plaintiff’s trust account.
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The California Department of
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Corrections is required to send to the Clerk of the Court payments from Plaintiff’s account each time
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the amount in the account exceeds $10.00, until the statutory filing fee is paid in full. 28 U.S.C.
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§ 1915(b)(2).
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Moreover, since this action has been converted to a § 1983, the former order granting IFP to
Plaintiff as a habeas petitioner is HEREBY STRICKEN. Doc. 3.
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In accordance with the above and good cause appearing therefore, IT IS HEREBY ORDERED
that:
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1. Plaintiff's application to proceed in forma pauperis is GRANTED;
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2. The Director of the California Department of Corrections or his designee shall
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collect payments from plaintiff’s prison trust account in an amount equal to twenty per cent
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(20%) of the preceding month’s income credited to the prisoner’s trust account and shall forward
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those payments to the Clerk of the Court each time the amount in the account exceeds $10.00, in
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accordance with 28 U.S.C. § 1915(b)(2), until a total of $350.00 has been collected and forwarded
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to the Clerk of the Court. The payments shall be clearly identified by the name and number
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assigned to this action;
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3. The Clerk of the Court is directed to serve a copy of this order and a copy of plaintiff’s
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in forma pauperis application on the Director of the California Department of Corrections, via the court's
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electronic case filing system (CM/ECF);
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4. The Clerk of the Court is directed to serve a copy of this order on the Financial
Department, U.S. District Court, Eastern District of California, Fresno Division; and
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5. The Court’s initial order granting in forma pauperis status, filed on August 16, 2007,
is STRICKEN. (Doc. 3).
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IT IS SO ORDERED.
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Dated:
0jh02o
November 22, 2011
UNITED STATES MAGISTRATE JUDGE
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