Williams v. Bishop et al

Filing 3

ORDER Granting 2 Application to Proceed in Forma Pauperis and Directing Fresno County Sheriff to Pay Inmate Filing Fee, signed by Magistrate Judge Sandra M. Snyder on 7/18/13. (Attachments: # 1 IFP Motion) (Verduzco, M)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 LAWRENCE WILLIAMS, Plaintiff, 11 12 13 14 v. Case No. 1:13-CV-01087-AWI-SMS ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERISM AND DIRECTING FRESNO COUNTY SHERIFF TO PAY INMATE FILING FEE SHAUN BISHOP, et al., Defendants. (Doc. 2) 15 16 Plaintiff Lawrence Williams is a prisoner proceeding pro se pursuant to 42 U.S.C. § 1983, 17 who has requested leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. Plaintiff has 18 made the showing required by 28 U.S.C. § 1915(a). Accordingly, the Court will grant leave for 19 Plaintiff to proceed in forma pauperism. 20 Plaintiff is required to pay the statutory filing fee of $350.00 for this action. 28 U.S.C. § 21 1915(b)(1). He shall do so through monthly payments of twenty percent of the preceding month’s 22 income credited to his trust account. The Fresno County Sheriff is directed to send the Clerk of 23 Court payments from Plaintiff’s account each time the account balance exceeds $10.00, until the 24 statutory filing fee is paid in full. 28 U.S.C. § 1915(b)(2). 25 In accordance with the above and good cause appearing, the Court hereby ORDERS that: 26 1. Plaintiff’s application to proceed in forma pauperism is granted. 27 2. The Fresno County Sheriff or her designee shall collect payments from 28 Plaintiff’s jail trust account in an amount equal to twenty per cent (20%) of the 1 1 preceding month’s income credited to Plaintiff’s account and shall forward those 2 payments to the Clerk of 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 4 been collected and forwarded to the Clerk of Court. The payments shall be 5 clearly identified by the name and number assigned to this action. 6 3. The Clerk of Court is directed to serve a copy of this order and a copy of Plaintiff’s 7 application to proceed in forma pauperism to the Fresno County Sheriff via the 8 Court’s electronic filing system (CM/ECF). 9 4. The Clerk of Court is directed to serve a copy of this order on the Financial 10 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 jail trust account statement for the six-month period immediately 13 preceding the filing of the complaint in this matter. 14 6. Notwithstanding any other provision of this order, the Clerk of Court shall not issue 15 any summonses in this matter nor shall Plaintiff take any action to attempt to serve 16 the complaint on any Defendant until the Court has screened the complaint as 17 required by 28 U.S.C. § 1915A. 18 19 20 21 IT IS SO ORDERED. Dated: 22 July 18, 2013 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE 23 24 DEAC_Signature-END: icido34h 25 26 27 28 2

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