Garcia v. Yates et al
Filing
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ORDER Granting Application To Proceed In Forma Pauperis (Doc. 7 ), signed by Magistrate Judge Jennifer L. Thurston on 6/27/2011. (Attachments: # 1 IFP Application) (Fahrney, E)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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JOSEPH MARTINEZ GARCIA,
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Case No. 1:11-cv-00972 OWW JLT (PC)
Plaintiff,
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vs.
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ORDER GRANTING APPLICATION TO
PROCEED IN FORMA PAUPERIS
JAMES YATES,
(Doc. 7)
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Defendant.
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/
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Plaintiff is a state prisoner proceeding pro se in an action pursuant to 42 U.S.C. § 1983. Plaintiff
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has requested leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. Plaintiff has made the
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showing required by § 1915(a) and accordingly, the request to proceed in forma pauperis will be granted.
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Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. 28 U.S.C. § 1915(b)(1).
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Plaintiff is obligated to make monthly payments in the amount of twenty percent of the preceding
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month’s income credited to Plaintiff’s trust account. The California Department of Corrections is
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required to send to the Clerk of the Court payment from Plaintiff’s account each time the amount in the
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account exceeds $10.00, until the statutory filing fee 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 HEREBY ORDERED
that:
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1.
Plaintiff’s application to proceed in forma pauperis (Doc. 7) is GRANTED.
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2.
The Director of the California Department of Corrections or his designee shall collect
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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
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forward those payments to the Clerk of the Court each time the amount in the account
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exceeds $10.00, in accordance with 28 U.S.C. § 1915(b)(2), until a total of $350.00 has
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been collected and forwarded to the Clerk of the Court. The payments shall be clearly
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identified by the name and number 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 to 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.
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IT IS SO ORDERED.
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Dated: June 27, 2011
9j7khi
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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