Cross v. City of Hanford District Attorney et al

Filing 3

ORDER GRANTING 2 Motion to Proceed IFP signed by Magistrate Judge Stanley A. Boone on 11/14/2014. (Attachments: # 1 IFP Motion). (Jessen, A)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JEROME LEE CROSS, 12 Plaintiff, 13 14 Case No. 1:14-cv-01755---SAB ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS AND DIRECTING PAYMENT OF INMATE FILING FEE BY KINGS COUNTY JAIL v. CITY OF HANFORD DISTRICT ATTORNEY, et al., (ECF No. 2) 15 Defendants. THIRTY-DAY DEADLINE 16 17 18 Plaintiff Jerome Lee Cross, proceeding pro se, filed this civil rights action pursuant to 42 19 U.S.C. 1983, and an application to proceed in forma pauperis on November 12, 2014. Plaintiff 20 has made the showing required by § 1915(a) and accordingly, the request to proceed in forma 21 pauperis will be granted. Plaintiff is obligated to pay the statutory filing fee of $400.00 for this 22 action. 28 U.S.C. § 1915(b)(1). Plaintiff is obligated to make monthly payments in the amount 23 of twenty percent of the preceding month’s income credited to plaintiff’s trust account. The 24 Kings County Jail is required to send to the Clerk of the Court payments from Plaintiff’s account 25 each time the amount in the account exceeds $10.00, until the statutory filing fee is paid in full. 26 28 U.S.C. § 1915(b)(2). Notwithstanding this order, the Court does not direct that service be 27 undertaken until the Court screens the complaint and finds that it states a cognizable claim. 28 V. 1 1 Accordingly, it is HEREBY ORDERED that: 2 1. Plaintiff's application to proceed in forma pauperis is GRANTED; 3 2. The Kings County Sheriff or his designee shall collect payments from 4 Plaintiff’s jail trust account in an amount equal to twenty per cent (20%) of 5 the preceding month’s income credited to the prisoner’s trust account and 6 shall forward those payments to the Clerk of the Court each time the amount 7 in the account exceeds $10.00, in accordance with 28 U.S.C. § 1915(b)(2), 8 until a total of $400.00 has been collected and forwarded to the Clerk of the 9 Court. The payments shall be clearly identified by the name and number assigned to this action; 10 3. 11 The Clerk of the Court is directed to serve a copy of this order and a copy of 12 plaintiff’s in forma pauperis application on the Kings County Sheriff, via the 13 court's electronic case filing system (CM/ECF); 4. 14 The Clerk of the Court is directed to serve a copy of this order on the Financial 15 Department, U.S. 16 Division; and 5. 17 District Court, Eastern District of California, Sacramento Within sixty (60) days of the date of service of this order, plaintiff shall submit a 18 certified copy of his jail trust account statement for the six-month period 19 immediately preceding the filing of the complaint, if plaintiff has not already done 20 so. 21 22 IT IS SO ORDERED. 23 Dated: November 14, 2014 UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?