Su v. Hume et al

Filing 15

ORDER GRANTING Application to Proceed IFP; ORDER DIRECTING Payment of Inmate Filing Fee By FCC Lompoc 3 , signed by Magistrate Judge Gary S. Austin on 1/16/15. (Attachments: # 1 IFP Application) (Hellings, J)

Download PDF
1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 JULIE SU, California State Labor Commissioner, Division of Labor Standards Enforcement, Department of Industrial Relations, State of California, on behalf of the People of the State of California, Plaintiff, 13 14 15 16 1:14-cv-1917---GSA ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS ORDER DIRECTING PAYMENT OF INMATE FILING FEE BY FCC, LOMPOC v. DAVID HUME, et al., (Doc. 3) Defendants. 17 18 19 Defendant David Hume (“Defendant”), proceeding pro se, seeks to remove this action 20 from Fresno County Superior Court to this Court. (Doc. 1). Defendant is a prisoner incarcerated 21 at the Federal Correctional Center, Lompoc, and has requested leave to proceed to proceed in 22 forma pauperis pursuant to 28 U.S.C. § 1915. (Doc. 3). He has made the showing required by § 23 1915(a). Accordingly, the request to proceed in forma pauperis is granted. Defendant remains 24 obligated to pay the statutory filing fee of $350.00 applicable to this action. 28 U.S.C. § 25 1915(b)(1). He is required to make monthly payments in the amount of twenty percent (20%) of 26 27 28 the preceding month’s income credited to his prison trust account. The Federal Correctional Center, Lompoc, is required to send to the Clerk of the Court, monthly payments from 1 1 Defendant’s trust account when the amount in the account exceeds $10.00, until the statutory 2 filing fee is paid in full. 28 U.S.C. § 1915(b)(2). 3 In accordance with the above and good cause appearing therefore, IT IS HEREBY 4 ORDERED that: 5 1. Defendant’s application to proceed in forma pauperis is GRANTED. 6 7 2. The Warden of FCC, Lompoc or his designee shall collect payments from 8 plaintiff’s prison trust account in an amount equal to twenty per cent (20%) 9 of the preceding month’s income credited to the prisoner’s trust account and 10 shall forward those payments to the Clerk of the Court each time the amount 11 in the account exceeds $10.00, in accordance with 28 U.S.C. § 1915(b)(2), until 12 a total of $350.00 has been collected and forwarded to the Clerk of the Court. 13 The payments shall be clearly identified by the name and number assigned to 14 15 this action. 16 3. The Clerk of the Court is directed to serve a copy of this order and a copy of 17 Defendant’s in forma pauperis application on the Warden of FCC, Lompoc, via 18 the Court’s electronic case filing system (CM/ECF). 19 4. The Clerk of the Court is directed to serve a copy of this order on the Financial 20 Department, U.S. District Court, Eastern District of California, Fresno Division. 21 22 23 24 25 26 IT IS SO ORDERED. Dated: January 16, 2015 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 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?