Bryson v. Gerson et al

Filing 4

ORDER GRANTING 3 Motion to Proceed IFP signed by Magistrate Judge Sandra M. Snyder on 1/15/2014. (Attachments: # 1 IFP Motion) (Sant Agata, S)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 WILLIAM M. BRYSON, JR., Plaintiff, 11 ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS v. 12 13 Case No. 1:13-CV-01979-LJO-SMS SUSAN B. GERSON, et al., Defendants. 14 (Doc. 3) 15 Plaintiff William M. Bryson, Jr., a prisoner proceeding pro se pursuant to 42 U.S.C. § 1983, 16 17 has requested leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. Because Plaintiff 18 has made the showing required by § 1915(a), the Court grants his motion to proceed in forma 19 pauperis. 20 Plaintiff must nonetheless pay the statutory filing fee of $400.00 for this action. 28 U.S.C. § 21 22 1915(b)(1). Under the statute, he is obligated to make monthly payments equal to the amount of 23 twenty percent (20%) of the previous month's income credited to his prison trust account. The 24 Bureau of Prisons is required to send to the Clerk of Court payments from Plaintiff's account each 25 time the amount in the account exceeds $10.00, until the statutory filing fee is paid in full. 28 U.S.C. 26 27 § 1915(b)(2). /// 28 1 Accordingly, the Court hereby ORDERS: 1 2 1. Plaintiff's application to proceed in forma pauperis is GRANTED. 3 2. The Director of the United States Bureau of Prisons or his designee shall collect 4 5 6 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 7 8 9 10 accordance with 28 U.S.C. § 1915(b)(2), until a total of $400.00 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. 3. 11 12 13 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 Bureau of Prisons via the Court's electronic case filing system (CM/ECF). 14 4. The Clerk of Court is directed to serve a copy of this order on the Financial 15 16 Department, U.S. District Court, Eastern District of California, Fresno Division. 5. 17 18 The Clerk of Court shall not issue new case or service documents until the complaint has been screened in accordance with 28 U.S.C. § 1915A. 19 20 21 22 23 24 25 IT IS SO ORDERED. 26 27 28 Dated: January 15, 2014 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE DEAC_Signature-END: icido34h 2

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