-CMK (PC) Lucas v. Swarthout et al, No. 2:2010cv03252 - Document 16 (E.D. Cal. 2011)

Court Description: ORDER signed by Magistrate Judge Craig M. Kellison on 6/24/2011. The 5/2/2011 12 Findings and Recommendations are VACATED. Plaintiff's 13 Motion to Proceed In Forma Pauperis is GRANTED. He is required to pay filing fee of $350.00 for action and no initial partial fee will be asessed. (Marciel, M)

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-CMK (PC) Lucas v. Swarthout et al Doc. 16 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ISIAH LUCAS, JR., 12 Plaintiff, 13 14 No. CIV S-10-3252-CMK-P vs. ORDER GARY SWARTHOUT, et al., 15 Defendants. 16 / 17 Plaintiff, a state prisoner proceeding pro se, brings this civil rights action pursuant 18 to 42 U.S.C. § 1983. Pending before the court is plaintiff’s request for leave to proceed in forma 19 pauperis (Doc. 13). Also pending before the court is plaintiff’s objections to the undersigned’s 20 May 2, 2011, findings and recommendations. Plaintiff’s complaint will be addressed separately. 21 The undersigned issued the May 2, 2011, findings and recommendations that this 22 case be dismissed based on plaintiff’s failure to file a complete application for leave to proceed 23 in forma pauperis or pay the appropriate filing fee. Plaintiff has since submitted his application 24 and declaration that makes the showing required by 28 U.S.C. § 1915(a). The request to proceed 25 in forma pauperis will, therefore, be granted, and the findings and recommendations vacated. 26 /// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The May 2, 2011, findings and recommendations (Doc. 12) are vacated, 3 2. Plaintiff’s motion for leave to proceed in forma pauperis (Doc. 13) is 3. Plaintiff is required to pay the full statutory filing fee of $350.00 for this 4 granted; 5 6 action pursuant to 28 U.S.C. §§ 1914(a) and 1915(b)(1); 7 4. 8 § 1915(b)(1); and 9 5. No initial partial filing fee will be assessed pursuant to 28 U.S.C. Plaintiff will be obligated for monthly payments of twenty percent of the 10 preceding month’s income credited to plaintiff’s inmate trust account, such payments to be 11 forwarded by the appropriate agency to the Clerk of the Court each time the amount in plaintiff’s 12 account exceeds $10.00, until the statutory filing fee is paid in full, pursuant to 28 U.S.C. 13 § 1915(b)(2). 14 15 16 17 DATED: June 24, 2011 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 2

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