Berna v. Department of Justice Bureau of Firearms et al

Filing 3

ORDER Granting Application To Proceed In Forma Pauperis, ORDER Directing Payment Of Inmate Filing Fee By California Department Of Corrections And Rehabilitation (Doc. 2 ), signed by Magistrate Judge Stanley A. Boone on 12/12/2014. (Fahrney, E)

1
2
3
4
5

UNITED STATES DISTRICT COURT

6

EASTERN DISTRICT OF CALIFORNIA

7
8

BRUCE BERNA,

9

Plaintiff

10
11
12

CASE No. 1:14-cv-01972---SAB
ORDER GRANTING APPLICATION TO
PROCEED IN FORMA PAUPERIS

v.
DEPARTMENT OF JUSTICE BUREAU
OF FIREARMS, et al.,

ORDER DIRECTING PAYMENT
OF INMATE FILING FEE BY
CALIFORNIA DEPARTMENT OF
CORRECTIONS AND REHABILITATION

Defendants.

13

(ECF No. 2)

14
15

Plaintiff is a prisoner proceeding pro se pursuant to 42 U.S.C. §1983 and has requested

16

leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. Plaintiff has made the showing

17

required by § 1915(a) and accordingly, the request to proceed in forma pauperis will be granted.

18

Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. 28 U.S.C. §

19

1915(b)(1). Plaintiff is obligated to make monthly payments in the amount of twenty percent of

20

the preceding month’s income credited to plaintiff’s trust account. The California Department of

21

Corrections and Rehabilitation is required to send to the Clerk of the Court payments from

22

plaintiff’s account each time the amount in the account exceeds $10.00, until the statutory filing

23

fee is paid in full. 28 U.S.C. § 1915(b)(2). Notwithstanding this order, the Court does not direct

24

that service be undertaken until the Court screens the complaint in due course and issues its

25

screening order.

26

In accordance with the above and good cause appearing therefore, IT IS HEREBY

27

ORDERED that:

28

///

1

1. Plaintiff's application to proceed in forma pauperis is GRANTED;

2

2. The Director of the California Department of Corrections and

3

Rehabilitation or his designee shall collect payments from plaintiff’s prison trust account in

4

an amount equal to twenty per cent (20%) of the preceding month’s income credited to the

5

prisoner’s trust account and shall forward those payments to the Clerk of the Court each

6

time the amount in the account exceeds $10.00, in accordance with 28 U.S.C. § 1915(b)(2),

7

until a total of $350.00 has been collected and forwarded to the Clerk of the Court. The

8

payments shall be clearly identified by the name and number assigned to this action;

9

3. The Clerk of the Court is directed to serve a copy of this order and a copy of

10

plaintiff’s in forma pauperis application on the Director of the California Department of

11

Corrections and Rehabilitation, via the court's electronic case filing system (CM/ECF);

12
13

4. The Clerk of the Court is directed to serve a copy of this order on the Financial
Department, U.S. District Court, Eastern District of California, Sacramento Division; and

14

5. Within sixty (60) days of the date of service of this order, plaintiff shall submit a

15

certified copy of his prison trust account statement for the six-month period immediately

16

preceding the filing of the complaint, if plaintiff has not already done so.

17
18
19

IT IS SO ORDERED.
Dated:

December 12, 2014
UNITED STATES MAGISTRATE JUDGE

20
21
22
23
24
25
26
27
28
2