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Harry Zelig v. Felix Igbinosa

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


November 28, 2011

HARRY ZELIG,
PLAINTIFF,
v.
FELIX IGBINOSA, ET AL.,
DEFENDANTS.

The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge

ORDER VACATING FINDINGS AND RECOMMENDATIONS (DOC. 8) ORDER GRANTING PLAINTIFF'S MOTION TO PROCEED IN FORMA PAUPERIS (DOC. 2)

Plaintiff Harry Zelig is a California state prisoner proceeding pro se. Plaintiff seeks relief pursuant to 42 U.S.C. § 1983 and has requested leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. This proceeding was referred to this Court by Local Rule 302 and pursuant to 28 U.S.C. § 636(b)(1). On September 22, 2011, the Court issued a Findings and Recommendations recommending that Plaintiff's motion to proceed in forma pauperis be denied. Doc. 7. Upon reconsideration of the Findings and Recommendations, the Court finds that Plaintiff may proceed in forma pauperis in this action.*fn1

Plaintiff has submitted a declaration that makes the showing required by § 1915(a). Accordingly, the request to proceed in forma pauperis will be granted.*fn2 28 U.S.C. § 1915(a).

Pursuant to 28 U.S.C. § 1915(b)(1), Plaintiff is required to pay the statutory filing fee of $350.00 for this action.*fn3 An initial partial filing fee of $302.50 will be assessed by this order.*fn4

28 U.S.C. § 1915(b)(1). By separate order, the Court will direct the appropriate agency to collect the initial partial filing fee from Plaintiff's trust account and forward it to the Clerk of the Court. Thereafter, Plaintiff will be obligated for monthly payments of twenty percent of the preceding month's income credited to Plaintiff's prison trust account. These payments will be forwarded by the appropriate agency to the Clerk of the Court each time the amount in Plaintiff's account exceeds $10.00, until the filing fee is paid in full. 28 U.S.C. § 1915(b)(2).

In accordance with the above, IT IS HEREBY ORDERED that:

1. The Court's Findings and Recommendations, filed September 22, 2011, is vacated;

2. Plaintiff's request for leave to proceed in forma pauperis is granted; and

3. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. Plaintiff is assessed an initial partial filing fee of $302.50. All fees shall be collected and paid in accordance with this Court's order to the Director of the California Department of Corrections and Rehabilitation filed concurrently herewith.

IT IS SO ORDERED.


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