Clark v. Shearer

Filing 4

ORDER GRANTING Application to Proceed in Forma Pauperis 2 and ORDER DIRECTING Payment of Inmate Filing Fee by California Department of Corrections, signed by Magistrate Judge Sandra M. Snyder on 3/28/10. (Attachments: # 1 Application for IFP) (Hellings, J)

Download PDF
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Defendant. 17 _____________________________/ 18 Plaintiff, Randall B. Clark, is a prisoner proceeding pro se pursuant to 42 U.S.C. § 1983 and 19 has requested leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. Plaintiff has made 20 the showing required by § 1915(a). Accordingly, the request to proceed in forma pauperis is hereby 21 granted. 22 Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. 28 U.S.C. 23 § 1915(b)(1). Plaintiff is obligated to make monthly payments in the amount of twenty percent of 24 the preceding month's income credited to plaintiff's trust account. The California Department of 25 Corrections is required to send to the Clerk of the Court payments from plaintiff's account each time 26 the amount in the account exceeds $10.00, until the statutory filing fee is paid in full. 28 U.S.C. 27 § 1915(b)(2). 28 -1v. OFFICER SHEARER (HANFORD POLICE DEPARTMENT), RANDALL B. CLARK, Plaintiff, 1:10-cv-00505-SMS ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS (Doc. 2) and ORDER DIRECTING PAYMENT OF INMATE FILING FEE BY CALIFORNIA DEPARTMENT OF CORRECTIONS UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 In accordance with the above and good cause appearing therefore, IT IS HEREBY ORDERED that: 1. Plaintiff's application to proceed in forma pauperis is GRANTED; 2. The Director of the California Department of Corrections or his designee shall collect payments from plaintiff's prison trust account in an amount equal to twenty per cent (20%) of the preceding month's income credited to the prisoner's trust account and shall forward those payments to the Clerk of the Court each time the amount in the account exceeds $10.00, in accordance with 28 U.S.C. § 1915(b)(2), until a total of $350.00 has been collected and forwarded to the Clerk of the Court. The payments shall be clearly identified by the name and number assigned to this action. 3. The Clerk of the Court is directed to serve a copy of this order and a copy of plaintiff's in forma pauperis applications on the Director of the California Department of Corrections via the court's electronic case filing system (CM/ECF). 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. 5. Plaintiff's complaint is subject to screening, pursuant to 28 U.S.C. § 1915A(a). This Court's screening order will follow. IT IS SO ORDERED. Dated: icido3 March 28, 2010 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?