Spencer v. Brazelton et al

Filing 4

ORDER Granting 2 Application to Proceed in Forma Pauperis and ORDER Directing Payment of Inmate Filing Fee by North Fork Correctional Facility, signed by Magistrate Judge Michael J. Seng on 5/20/14. (Attachments: # 1 IFP Motion) (Verduzco, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 1:14-cv-00707 MJS (PC) BILLY JOE SPENCER, Plaintiff, ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS v. P.D. BRAZELTON, et al, (ECF No. 2) Defendants. and 16 ORDER DIRECTING PAYMENT OF INMATE FILING FEE BY NORTH FORK CORRECTIONAL FACILTIY 17 18 19 20 Plaintiff Billy Joe Spencer (“Plaintiff”) is a prisoner proceeding pro se pursuant to 21 42 U.S.C. ' 1983 and has requested leave to proceed in forma pauperis pursuant to 28 22 U.S.C. ' 1915. Plaintiff has made the showing required by ' 1915(a) and accordingly, 23 the request to proceed in forma pauperis will be granted. Plaintiff is obligated to pay the 24 statutory filing fee of $350.00 for this action. 25 obligated to make monthly payments in the amount of twenty percent of the preceding 26 month=s income credited to Plaintiff=s trust account. North Fork Correctional Facility is 27 required to send to the Clerk of the Court payments from Plaintiff=s account each time 28 the amount in the account exceeds $10.00, until the statutory filing fee is paid in full. 28 1 28 U.S.C. ' 1915(b)(1). Plaintiff is 1 2 3 U.S.C. ' 1915(b)(2). In accordance with the above and good cause appearing therefore, IT IS HEREBY ORDERED that: 4 1. Plaintiff's application to proceed in forma pauperis is GRANTED; 5 2. The Director of North Fork Correctional Facility or his designee shall 6 collect payments from Plaintiff=s prison trust account in an amount equal to 7 twenty per cent (20%) of the preceding month=s income credited to the 8 prisoner=s trust account and shall forward those payments to the Clerk of 9 the Court each time the amount in the account exceeds $10.00, in 10 accordance with 28 U.S.C. ' 1915(b)(2), until a total of $350.00 has been 11 collected and forwarded to the Clerk of the Court. The payments shall be 12 clearly identified by the name and number assigned to this action. 3. The Clerk of the Court is directed to serve a copy of this order and a copy 13 14 15 of Plaintiff=s in forma pauperis application on the Director of North Fork Correctional Facility, at 1605 East Main, Sayre, OK 73662. 4. The Clerk of the Court is directed to serve a copy of this order on the 16 17 18 Financial Department, United States District Court, Eastern District of California, Sacramento Division. 5. Within sixty (60) days of the date of service of this order, Plaintiff shall 19 20 21 submit a certified copy of his prison trust account statement for the six-month period immediately preceding the filing of the complaint, if Plaintiff has not already done so. 22 23 IT IS SO ORDERED. 24 25 Dated: May 20, 2014 /s/ Michael J. Seng UNITED STATES MAGISTRATE JUDGE 26 27 28 2

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