(PC)Saenz v. California Department of Corrections et al, No. 2:2019cv01262 - Document 7 (E.D. Cal. 2019)
Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 09/23/19 GRANTING 2 Motion to Proceed IFP. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. All fees shall be collected in accordance with the court's CDC order filed concurrently herewith. Claims against defendants Hough, June Coder and Fregoso are dismissed with leave to amend. Plaintiffs claims against defendants Negrete, OBoyle, Kendall, Green and King based on the alleged confiscation of plaintiffs property are also dismissed with leave to amend. Within thirty days of service of this order, plaintiff may amend his complaint to attempt to state cognizable claims against these defendants. Plaintiff is no t obliged to amend his complaint. The allegations in the pleading are sufficient to state a potentially colorable claim against defendants Kendall and Negrete for excessive force in violation of the Eighth Amendment. If plaintiff opts to proceed on h is original complaint as to these defendants, he shall return the attached notice within thirty days of service of this order. The Clerk is directed to assign a district judge to this case. Also, RECOMMENDING that defendants CDCR and MCSP be dismissed. Assigned and referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ANTHONY SAENZ, 12 Plaintiff, 13 14 15 No. 2:19-cv-1262 KJN P v. ORDER FOR PAYMENT OF INMATE FILING FEE CALIFORNIA DEPARTMENT OF CORRECTIONS, et al., Defendants. 16 17 18 To: Director of the California Department of Corrections and Rehabilitation, 1515 S Street, 19 Sacramento, California 95814: Plaintiff, a state prisoner proceeding in forma pauperis, is obligated to pay the statutory 20 21 filing fee of $350.00 for this action. Plaintiff is assessed an initial partial filing fee of 20 percent 22 of the greater of: (a) the average monthly deposits to plaintiff’s trust account; or (b) the average 23 monthly balance in plaintiff’s account for the 6-month period immediately preceding the filing of 24 this action. 28 U.S.C. § 1915(b)(1). Upon payment of that initial partial filing fee, plaintiff will 25 be obligated to make monthly payments in the amount of twenty percent of the preceding month’s 26 income credited to plaintiff’s trust account. The California Department of Corrections and 27 Rehabilitation is required to send to the Clerk of the Court the initial partial filing fee and 28 //// 1 1 thereafter payments from plaintiff’s prison trust account each time the amount in the account 2 exceeds $10.00, until the statutory filing fee of $350.00 is paid in full. 28 U.S.C. § 1915(b)(2). 3 Good cause appearing therefore, IT IS HEREBY ORDERED that: 4 1. The Director of the California Department of Corrections and Rehabilitation or a 5 designee shall collect from plaintiff’s prison trust account an initial partial filing fee in 6 accordance with the provisions of 28 U.S.C. § 1915(b)(1) as set forth in this order and shall 7 forward the amount to the Clerk of the Court. The payment shall be clearly identified by the 8 name and number assigned to this action. 9 2. Thereafter, the Director of the California Department of Corrections and Rehabilitation 10 or a designee shall collect from plaintiff’s prison trust account monthly payments in an amount 11 equal to twenty percent (20%) of the preceding month’s income credited to the prisoner’s trust 12 account and forward payments to the Clerk of the Court each time the amount in the account 13 exceeds $10.00 in accordance with 28 U.S.C. § 1915(b)(2), until the $350.00 filing fee for this 14 action has been paid in full. The payments shall be clearly identified by the name and number 15 assigned to this action. 16 3. The Clerk of the Court is directed to serve a copy of this order and a copy of plaintiff’s 17 signed in forma pauperis affidavit on the Director, California Department of Corrections and 18 Rehabilitation, 1515 S Street, Sacramento, California 95814. 19 4. The Clerk of the Court is directed to serve a copy of this order on the Financial 20 Department of the court. 21 Dated: September 23, 2019 22 23 24 25 saen1262.cdc 26 27 28 2
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