Cruz v. Ho et al

Filing 5

ORDER GRANTING 2 Motion to Proceed IFP signed by Magistrate Judge Gary S. Austin on 2/13/2015. (Attachments: # 1 IFP Motion) (Jessen, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 1:15-cv-00192-GSA (PC) ALBERT CRUZ, ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS (Document# 2) Plaintiff, v. DR. HO, et al., 15 and Defendants. ORDER DIRECTING PAYMENT OF INMATE FILING FEE BY STANISLAUS COUNTY SHERIFF 16 17 18 19 20 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. 21 Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. 22 28 U.S.C. ' 1915(b)(1). Plaintiff is obligated to make monthly payments in the amount of twenty percent of 23 the preceding month=s income credited to plaintiff=s trust account. The Stanislaus County Sheriff 24 is required to send to the Clerk of the Court payments from plaintiff=s account each time the 25 amount in the account exceeds $10.00, until the statutory filing fee is paid in full. 28 U.S.C. 26 ' 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 Stanislaus County or his/her designee shall collect payments 5 from plaintiff=s prison trust account in an amount equal to twenty per cent (20%) of 6 the preceding month=s income credited to the prisoner=s trust account and shall 7 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 Stanislaus County, via the 13 United States Postal Service; and 4. 14 15 16 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. IT IS SO ORDERED. 17 18 Dated: February 13, 2015 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28 2

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