McKinney v. Ford et al
ORDER GRANTING 2 Motion to Proceed IFP signed by Magistrate Judge Sandra M. Snyder on 12/4/2013. (Attachments: # 1 IFP Motion) (Sant Agata, S)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
EDWARD RAY McKINNEY,
ORDER GRANTING APPLICATION
TO PROCEED IN FORMA PAUPERIS
Case No. 1:13-CV-01879-LJO-SMS
TY FORD, et al.,
Plaintiff Edward Ray McKinney, a prisoner proceeding pro se pursuant to 42 U.S.C. § 1983,
has requested leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. Because Plaintiff
has made the showing required by § 1915(a), the Court grants his motion to proceed in forma
Plaintiff must nonetheless pay the statutory filing fee of $350.00 for this action. 28 U.S.C. §
1915(b)(1). Under the statute, he is obligated to make monthly payments equal to the amount of
twenty percent (20%) of the previous month's income credited to his prison trust account. The
California Department of Corrections and Rehabilitation is required to send to the Clerk of Court
payments from Plaintiff's account each time the amount in the account exceeds $10.00, until the
statutory filing fee is paid in full. 28 U.S.C. § 1915(b)(2).
Accordingly, the Court hereby ORDERS:
Plaintiff's application to proceed in forma pauperism is GRANTED.
The Director of the California Department of Corrections and Rehabilitation or
his designee shall collect payments from Plaintiff's prison trust account in an amount equal to
twenty percent (20%) of the preceding month's income credited to Plaintiff's trust account and
shall forward those payments to the Clerk of 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 Court. The payments shall be clearly identified by the
name and number assigned to this action.
The Clerk of Court is directed to serve a copy of this order and a copy of Plaintiff's in
forma pauperis application on the Director of the California Department of Corrections and
Rehabilitation via the Court's electronic case filing system (CM/ECF).
The Clerk of Court is directed to serve a copy of this order on the Financial
Department, U.S. District Court, Eastern District of California, Fresno Division.
IT IS SO ORDERED.
December 4, 2013
/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE
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