Kisling v. Mims, et al.
Filing
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ORDER Granting 2 Motion to Proceed IFP; Directing Payment of Inmate Filing Fee by Fresno County Jail signed by Magistrate Judge Gerald B. Cohn on 06/09/2011. (Attachments: # 1 IFP Application)(Flores, E)
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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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RICHARD KISLING,
Plaintiff,
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1:11-cv-00865-GBC (PC)
ORDER GRANTING APPLICATION
TO PROCEED IN FORMA PAUPERIS
DIRECTING PAYMENT
OF INMATE FILING FEE BY
FRESNO COUNTY JAIL
v.
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MARGARET MIMS, et al.,
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Defendants.
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(ECF No. 2)
____________________________/
ORDER
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Plaintiff is a prisoner proceeding pro se pursuant to 42 U.S.C. § 1983 and
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has requested leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915.
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Plaintiff has made the showing required by § 1915(a) and accordingly, the request
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to proceed in forma pauperis is GRANTED. Plaintiff is obligated to pay the
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statutory filing fee of $350.00 for this action. 28 U.S.C. § 1915(b)(1). Plaintiff is
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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. The Fresno County
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Jail is required to send to the Clerk of the Court payments from Plaintiff’s account
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each time the amount in the account exceeds $10.00, until the statutory filing fee
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is paid in full. 28 U.S.C. § 1915(b)(2).
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In accordance with the above and good cause appearing therefore, IT IS
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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 Fresno County Jail or his/her designee
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shall collect payments from Plaintiff’s prison trust account in an amount
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equal to twenty per cent (20%) of the preceding month’s income credited to
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the prisoner’s trust account and shall forward those payments to the Clerk of
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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
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collected and forwarded to the Clerk of the Court. The payments shall be
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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
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and a copy of Plaintiff’s in forma pauperis application on the Director of the Fresno
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County Jail, 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
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the Financial Department, U.S. District Court, Eastern District of California, Fresno
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Division.
5. Within sixty (60) days of the date of service of this order, Plaintiff
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shall submit a certified copy of his prison trust account statement for the six-month
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period immediately preceding the filing of the complain, if Plaintiff has not already
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done so.
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IT IS SO ORDERED.
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Dated:
1j0bbc
June 9, 2011
UNITED STATES MAGISTRATE JUDGE
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