Garcia v. Fresno Department of Corrections

Filing 5

ORDER GRANTING 2 Application to Proceed In Forma Pauperis and ORDER DIRECTING Payment of Inmate Filing Fee by Sheriff of Fresno County Jail signed by Magistrate Judge Sandra M. Snyder on 4/27/2010. (Attachments: # 1 IFP Motion) (Bradley, A)

1 2 3 4 5 6 7 8 9 10 11 12 13 Defendants. 14 _____________________________/ 15 Plaintiff is a prisoner proceeding pro se pursuant to 42 U.S.C. § 1983 and has requested leave 16 to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. Plaintiff has made the showing required 17 by § 1915(a) and accordingly, the request to proceed in forma pauperis will be granted. Plaintiff is 18 obligated to pay the statutory filing fee of $350.00 for this action. 28 U.S.C. § 1915(b)(1). Plaintiff 19 is obligated to make monthly payments in the amount of twenty percent of the preceding month's 20 income credited to plaintiff's trust account. The Sheriff of the Fresno County Jail is required to send 21 to the Clerk of the Court payments from plaintiff's account each time the amount in the account 22 exceeds $10.00, until the statutory filing fee is paid in full. 28 U.S.C. § 1915(b)(2). 23 In accordance with the above and good cause appearing therefore, IT IS HEREBY 24 ORDERED that: 25 1. Plaintiff's application to proceed in forma pauperis is GRANTED; 26 2. The Sheriff of the Fresno County Jail or his designee shall collect payments 27 from plaintiff's prison trust account in an amount equal to twenty per cent (20%) of the 28 -1v. FRESNO DEPARTMENT CORRECTIONS, OF STEPHEN GARCIA, Plaintiff, 1:10-cv-00605-SMS (PC) ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS (MOTION #2) and ORDER DIRECTING PAYMENT OF INMATE FILING FEE BY SHERIFF OF FRESNO COUNTY JAIL UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION

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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 Sheriff of the Fresno County Jail, via the court's 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. 5. Within sixty (60) days of the date of service of this order, plaintiff shall submit a certified copy of his 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. Dated: b742a4 April 27, 2010 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE

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