Maddalone v. Winkles et al

Filing 7

ORDER GRANTING 2 Application to Proceed in Forma Pauperis and ORDER DIRECTING Payment of Inmate Filing Fee by Sheriff of Multnomah County Inverness Jail, signed by Magistrate Judge Michael J. Seng on 6/1/2011. (Attachments: # 1 IFP Motion)(Marrujo, C)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 FRESNO DIVISION 11 12 JOHN MADDALONE, 13 Plaintiff, 14 ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS (MOTION #2) and ORDER DIRECTING PAYMENT OF INMATE FILING FEE BY SHERIFF OF MULTNOMAH COUNTY INVERNESS JAIL v. 15 1:11-cv-00743-OWW-MJS (PC) B. WINKLES, et al., 16 17 Defendants. _____________________________/ 18 Plaintiff is a prisoner proceeding pro se pursuant to 42 U.S.C. § 1983 and has 19 requested leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. Plaintiff has 20 made the showing required by § 1915(a) and accordingly, the request to proceed in forma 21 pauperis will be granted. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this 22 action. 28 U.S.C. § 1915(b)(1). Plaintiff is obligated to make monthly payments in the amount 23 of twenty percent of the preceding month’s income credited to plaintiff’s trust account. The 24 Sheriff of the Multnomah County Inverness Jail is required to send to the Clerk of the Court 25 payments from plaintiff’s account each time the amount in the account exceeds $10.00, until 26 the statutory filing fee is paid in full. 28 U.S.C. § 1915(b)(2). 27 28 In accordance with the above and good cause appearing therefore, IT IS HEREBY ORDERED that: -1- 1 1. Plaintiff's application to proceed in forma pauperis is GRANTED; 2 2. The Sheriff of the Multnomah County Inverness Jail or his designee shall 3 collect payments from plaintiff’s prison trust account in an amount equal to twenty per 4 cent (20%) of the preceding month’s income credited to the prisoner’s trust account and 5 shall forward those payments to the Clerk of the Court each time the amount in the 6 account exceeds $10.00, in accordance with 28 U.S.C. § 1915(b)(2), until a total of 7 $350.00 has been collected and forwarded to the Clerk of the Court. The payments shall 8 be clearly identified by the name and number assigned to this action. 9 3. The Clerk of the Court is directed to serve a copy of this order and a copy of 10 plaintiff’s in forma pauperis application on the Sheriff of the Multnomah County Inverness Jail 11 at 11540 NE Inverness Dr., Portland, OR, 97220. 4. The Clerk of the Court is directed to serve a copy of this order on the 12 13 Financial Department, U.S. District Court, Eastern District of California, Fresno Division. 14 5. Within sixty (60) days of the date of service of this order, plaintiff shall submit 15 a certified copy of his prison trust account statement for the six-month period immediately 16 preceding the filing of the complain, if plaintiff has not already done so. 17 18 IT IS SO ORDERED. 19 Dated: 92b0h June 1, 2011 Michael J. Seng /s/ UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28 -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?