Collier v. Dreher, et al.

Filing 9

ORDER Granting 8 Application to Proceed In Forma Pauperis and ORDER Directing Payment of Inmate Filing Fee by Southern Desert Correctional Center, signed by Magistrate Judge Gerald B. Cohn on 8/31/11. (Attachments: # 1 IFP Motion) (Gonzalez, R)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 FRESNO DIVISION 11 12 WILLIAM H. COLLIER, JR., 13 1:11-cv-00270-LJO-GBC (PC) Plaintiff, 14 v. 15 ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS J. DREHER, et al., (Document #8) 16 17 and ORDER DIRECTING PAYMENT OF INMATE FILING FEE BY SOUTHERN DESERT CORRECTIONAL CENTER Defendants. _____________________________/ 18 19 Plaintiff is a federal prisoner proceeding pro se pursuant to 403 U.S. 388 (1971) and has 20 requested leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. Plaintiff has made the 21 showing required by § 1915(a) and accordingly, the request to proceed in forma pauperis will be 22 granted. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. 28 U.S.C. 23 § 1915(b)(1). Plaintiff is obligated to make monthly payments in the amount of twenty percent of 24 the preceding month’s income credited to plaintiff’s trust account. Southern Desert Correctional 25 Center is required to send to the Clerk of the Court payments from plaintiff’s account each time the 26 amount in the account exceeds $10.00, until the statutory filing fee is paid in full. 28 U.S.C. 27 § 1915(b)(2). 28 -1- 1 2 In accordance with the above and good cause appearing therefore, IT IS HEREBY ORDERED that: 3 1. Plaintiff's application to proceed in forma pauperis is GRANTED; 4 2. The Warden of Southern Desert Correctional Center or his designee shall 5 collect payments from plaintiff’s prison trust account in an amount equal to twenty per cent 6 (20%) of the preceding month’s income credited to the prisoner’s trust account and shall 7 forward those payments to the Clerk of the Court each time the amount in the account exceeds 8 $10.00, in accordance with 28 U.S.C. § 1915(b)(2), until a total of $350.00 has been collected 9 and forwarded to the Clerk of the Court. The payments shall be clearly identified by the name 10 and number assigned to this action. 11 3. The Clerk of the Court is directed to serve a copy of this order and a copy of 12 plaintiff’s in forma pauperis application on the Warden of the Southern Desert Correctional Center, 13 at P.O. Box 208, Indiana Springs, NV 89070. 14 15 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. 16 5. Within thirty (60) days of the date of service of this order, plaintiff shall submit a 17 certified copy of his/her prison trust account statement for the six-month period immediately 18 preceding the filing of the complaint, if plaintiff has not already done so. 19 20 IT IS SO ORDERED. 21 22 Dated: 0jh02o August 31, 2011 UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28 -2-

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