Harris v. United States
Filing
4
ORDER GRANTING 2 Motion to Proceed IFP; ORDER DIRECTING Payment of Inmate Filing Fee by Terre Haute Federal Correctional Institution, signed by Magistrate Judge Barbara A. McAuliffe on 12/28/2011. (Mailed to Terre Haute Federal Correctional Institution) (Attachments: # 1 IFP Application) (Martin-Gill, S)
1
2
3
4
5
6
UNITED STATES DISTRICT COURT
7
EASTERN DISTRICT OF CALIFORNIA
8
9
DONTE ROLANDO HARRIS,
10
Plaintiff,
11
12
CASE NO. 1:11-cv-02123-BAM
ORDER GRANTING APPLICATION
PROCEED IN FORMA PAUPERIS
and
ORDER DIRECTING PAYMENT OF
INMATE FILING FEE BY TERRE HAUTE
FEDERAL CORRECTIONAL INSTITUTION
v.
UNITED STATES,
13
Defendant.
/
14
15
Donte Rolando Harris (“Plaintiff”) is a federal prisoner proceeding pro se in this civil action
16
pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388,
17
91 S.Ct. 1999 (1971), which provides a remedy for violation of civil rights by federal actors.
18
Plaintiff has made the showing required by § 1915(a) and accordingly, the request to proceed in
19
forma pauperis will be granted. Plaintiff is obligated to pay the statutory filing fee of $350.00 for
20
this action. 28 U.S.C. 1915(b)(1). Plaintiff is obligated to make monthly payments in the amount
21
of twenty percent of the preceding month’s income credited to plaintiff’s trust account. Terre Haute
22
Federal Correctional Institution is required to send to the Clerk of the Court payments from plaintiff's
23
account each time the amount in the account exceeds $10.00, until the statutory filing fee is paid in
24
full. 28 U.S.C. § 1915(b)(2).
25
In accordance with the above, IT IS HEREBY ORDERED that:
26
1.
Plaintiff's application to proceed in forma pauperis is GRANTED;
27
2.
The Warden of Terre Haute Federal Correctional Institution or his/her designee
28
shall collect payments from plaintiff's prison trust account in an amount equal to twenty per
1
1
cent (20%) of the preceding month’s income credited to the prisoner’s trust account and shall
2
forward those payments to the Clerk of the Court each time the amount in the account exceeds
3
$10.00, in accordance with 28 U.S.C. § 1915(b)(2), until a total of $350.00 has been collected
4
and forwarded to the Clerk of the Court. The payments shall be clearly identified by the name
5
and number assigned to this action.
6
3.
The Clerk of the Court is directed to serve a copy of this order and a copy of
7
plaintiff’s in forma pauperis affidavit on the Warden of Terre Haute Federal Correctional
8
Institution, via the court's electronic case filing system (CM/ECF).
9
10
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.
11
5.
Within sixty (60) days of the date of service of this order, plaintiff shall submit a
12
certified copy of his/her prison trust account statement for the six!month period immediately
13
preceding the filing of the complaint, if plaintiff has not already done so.
14
15
IT IS SO ORDERED.
Dated:
cm411
December 28, 2011
/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE
16
17
18
19
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?