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Shon Dathen Rucker v. Paden

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


June 9, 2011

SHON DATHEN RUCKER,
PLAINTIFF,
v.
PADEN, ARTHURHAMPAR, NEAL PEDIWITZ, VISALIA POLICE DEPARTMENT, STERLING SECURITY, TULARE PUBLIC DEFENDERS OFFICE, DEFENDANTS.

The opinion of the court was delivered by: Honorable Gary

ORDER GRANTING APPLICATION TO PROCEED WITHOUT PREPAYMENT OF FEES OR COSTS (Document 2)

Plaintiff is a prisoner proceeding pro pursuant to Title 42 of the United States Code section 1983 and has requested leave to proceed in forma pauperis pursuant to Title 28 of the United States Code section 1915. Plaintiff has made the showing required by section 1915(a), and accordingly, the request to proceed in forma pauperis will be granted. *fn1 28 U.S.C. § 1915(a).

Pursuant to Title 28 of the United States Code section 1915(b)(1), Plaintiff is required to pay the statutory filing fee of $350.00 for this action. *fn2 Plaintiff is obligated to make monthly payments in the amount of twenty percent of the preceding month's income credited to Plaintiff's trust account. The Tulare County Sheriff's Department or its designee is required to send to the Clerk of the Court payments from Plaintiff's account each time the amount in the account exceeds $10.00, until the statutory filing fee is paid in full. 28 U.S.C. § 1915(b)(2).

In accordance with the above, and good cause appearing therefore, IT IS HEREBY ORDERED that:

1. Plaintiff's application to proceed in forma pauperis is GRANTED;

2. The Tulare County Sheriff's Department or its designee shall collect payments from Plaintiff's prison trust account in an amount equal to twenty percent (20%) of the preceding month's income credited to the prisoner's trust account and shall forward those payments to the Clerk of the Court each time the amount in the account exceeds $10.00, in accordance with 28 U.S.C. § 1915(b)(2), until a total of $350.00 has been collected and forwarded to the Clerk of the Court. The payments shall be 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 and a copy of Plaintiff's in forma pauperis application on the Tulare County Sheriff's Department via the electronic case filing system (CM/ECF).

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.

The Court has a large number of such cases pending before it and will screen Plaintiff's complaint in due course.

IT IS SO ORDERED.

Gary S. Austin UNITED STATES MAGISTRATE JUDGE

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