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Nokkuwa K. Ervin v. California Department of Corrections and Rehabilitation

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


August 8, 2011

NOKKUWA K. ERVIN,
PLAINTIFF,
v.
CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, ET AL.,
DEFENDANTS.

The opinion of the court was delivered by: Sandra M. Snyder United States Magistrate Judge

ORDER VACATING ORDER GRANTING IN FORMA PAUPERIS STATUS (ECF No. 9)

ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS AND ORDER DIRECTING PAYMENT OF INMATE FILING FEE BY CALIFORNIA DEPARTMENT OF CORRECTIONS / (ECF No. 17)

Plaintiff Nokkuwa K. Ervin ("Plaintiff") is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action as a petition for a writ of habeas corpus and a motion to proceed in forma pauperis on September 14, 2010. (ECF Nos. 1, 2.) On October 21, 2010, an order issued granting Plaintiff's motion for in forma pauperis status. (ECF No. 9.) Plaintiff filed a motion to amend the petition and convert this matter to a civil rights action, a motion to proceed in forma pauperis, and a first amended complaint on November 29, 2010. (ECF No. 12, 13, 17.) On December 7, 2010, the Court granted Plaintiff's motion and the amended complaint was filed. (ECF No. 14, 16.)

Plaintiff has made the showing required by § 1915(a) and accordingly, the request to proceed in forma pauperis, filed November 29, 2010, will be granted. Pursuant to 28 U.S.C. § 1915(b)(1), Plaintiff is required to pay the statutory filing fee of $350.00 for this action.*fn1 Plaintiff is obligated to make monthly payments in the amount of twenty percent of the preceding month's income credited to Plaintiff's prison trust account. The California Department of Corrections 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 therefor, IT IS HEREBY ORDERED that:

1. The order granting Plaintiff's motion to proceed in forma pauperis on September 14, 2010, is VACATED;

2. Plaintiff's application to proceed in forma pauperis, filed November 29, 2010, is GRANTED;

3. The Director of the California Department of Corrections or his 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 case number assigned to this action.

4. 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 Director of the California Department of Corrections, via the court's electronic case filing system (CM/ECF).

5. The Clerk of Court is directed to serve a copy of this order on the Financial Department, 12 U.S. District Court, Eastern District of California, Fresno Division.

6. Within sixty (60) days of the date of service of this order, Plaintiff shall submit a certified copy of his/her prison trust account statement for the six!month period immediately preceding the filing of the complaint, if Plaintiff has not already done so.

IT IS SO ORDERED.


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