Sprout v. Ho et al

Filing 5

ORDER Granting 2 Motion to Proceed IFP, signed by Magistrate Judge Dennis L. Beck on 02/02/15. (Attachments: # 1 IFP Motion) (Gonzalez, R)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 11 12 13 14 1:14-cv-02089-DLB (PC) RICHARD B. SPROUT, Plaintiff, ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS (Document# 2) v. HO, et al., Defendants. and 15 ORDER DIRECTING PAYMENT OF INMATE FILING FEE BY STANISLAUS COUNTY JAIL 16 17 18 19 Plaintiff is a prisoner proceeding pro se pursuant to 42 U.S.C. ' 1983 and has requested 20 leave to proceed in forma pauperis pursuant to 28 U.S.C. ' 1915. Plaintiff has made the showing 21 required by ' 1915(a) and accordingly, the request to proceed in forma pauperis will be granted. 22 Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. 28 U.S.C. 23 ' 1915(b)(1). Plaintiff is obligated to make monthly payments in the amount of twenty percent of 24 the preceding month=s income credited to plaintiff=s trust account. The Stanislaus County Jail is 25 required to send to the Clerk of the Court payments from plaintiff=s account each time the amount 26 in the account exceeds $10.00, until the statutory filing fee is paid in full. 28 U.S.C. ' 1915(b)(2). 27 28 1 1 2 In accordance with the above and good cause appearing therefore, IT IS HEREBY ORDERED that: 3 1. Plaintiff's application to proceed in forma pauperis is GRANTED; 4 2. The Sheriff of the Stanislaus County Jail or his designee shall collect 5 payments from plaintiff=s prison trust account in an amount equal to twenty per cent 6 (20%) of the preceding month=s income credited to the prisoner=s trust account and 7 shall forward those payments to the Clerk of the Court each time the amount in the 8 account exceeds $10.00, in accordance with 28 U.S.C. ' 1915(b)(2), until a total of 9 $350.00 has been collected and forwarded to the Clerk of the Court. The payments 10 shall be clearly identified by the name and number assigned to this action. 11 3. 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 Sheriff of the Stanislaus County Jail, via 13 U.S. mail at 250 East Hackett Road, Modesto, CA 95358. 4. 14 15 Department, U.S. District Court, Eastern District of California, Sacramento Division. 5. Within sixty (60) days of the date of service of this order, plaintiff shall submit a 16 17 18 19 The Clerk of the Court is directed to serve a copy of this order on the Financial 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. IT IS SO ORDERED. 20 21 Dated: /s/ Dennis February 2, 2015 L. Beck UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28 2

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