Spencer v. Brazelton et al
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)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
1:14-cv-00707 MJS (PC)
BILLY JOE SPENCER,
ORDER GRANTING APPLICATION TO
PROCEED IN FORMA PAUPERIS
P.D. BRAZELTON, et al,
(ECF No. 2)
ORDER DIRECTING PAYMENT
OF INMATE FILING FEE BY NORTH FORK
Plaintiff Billy Joe Spencer (“Plaintiff”) is a prisoner proceeding pro se pursuant to
42 U.S.C. ' 1983 and has requested leave to proceed in forma pauperis pursuant to 28
U.S.C. ' 1915. Plaintiff has made the showing required by ' 1915(a) and accordingly,
the request to proceed in forma pauperis will be granted. Plaintiff is obligated to pay the
statutory filing fee of $350.00 for this action.
obligated to make monthly payments in the amount of twenty percent of the preceding
month=s income credited to Plaintiff=s trust account. North Fork Correctional Facility is
required to send to the Clerk of the 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
28 U.S.C. ' 1915(b)(1).
U.S.C. ' 1915(b)(2).
In accordance with the above and good cause appearing therefore, IT IS
HEREBY ORDERED that:
1. Plaintiff's application to proceed in forma pauperis is GRANTED;
2. The Director of North Fork Correctional Facility or his designee shall
collect payments from Plaintiff=s prison trust account in an amount equal to
twenty per cent (20%) of the preceding month=s income credited to the
prisoner=s trust account and shall forward those payments to the Clerk of
the 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 the Court. The payments shall be
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
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
Financial Department, United States District Court, Eastern District of California,
5. Within sixty (60) days of the date of service of this order, Plaintiff shall
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
IT IS SO ORDERED.
May 20, 2014
Michael J. Seng
UNITED STATES MAGISTRATE JUDGE
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