Payne v. Dwillan

Filing 8

ORDER signed by Magistrate Judge Craig M. Kellison on 11/15/2011 ORDERING that plaintiff's 7 motion to proceed IFP is GRANTED; plaintiff to pay the $350.00 filing fee with no intial partial filing fee in accordance with the concurrent CDC order. (cc: CDC) (Yin, K)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LEE’THIEL PAYNE, 12 13 14 No. CIV S-11-2026-JAM-CMK-P Plaintiff, vs. ORDER K. DWILLAN, 15 Defendant. 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. 7). Plaintiff’s complaint will be addressed separately. 20 21 Plaintiff has submitted a declaration that makes the showing required by 28 U.S.C. § 1915(a). The request to proceed in forma pauperis will, therefore, be granted. 22 Accordingly, IT IS HEREBY ORDERED that: 23 1. Plaintiff’s motion for leave to proceed in forma pauperis (Doc. 7) is 2. Plaintiff is required to pay the full statutory filing fee of $350.00 for this 24 25 26 granted; action pursuant to 28 U.S.C. §§ 1914(a) and 1915(b)(1); 1 1 3. 2 § 1915(b)(1); and 3 4. 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 4 preceding month’s income credited to plaintiff’s inmate trust account, such payments to be 5 forwarded by the appropriate agency to the Clerk of the Court each time the amount in plaintiff’s 6 account exceeds $10.00, until the statutory filing fee is paid in full, pursuant to 28 U.S.C. 7 § 1915(b)(2). 8 9 10 11 DATED: November 15, 2011 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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