Friend v. Johnson et al

Filing 4

ORDER GRANTING 2 Motion to Proceed IFP, signed by Magistrate Judge Stanley A. Boone on 2/23/15. (Attachments: # 1 IFP Motion) (Marrujo, C)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOHNNY M. FRIEND, 12 13 14 Plaintiff, v. P. JOHNSON, et al., 15 1:15-cv-00267-SAB (PC) ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS (DOC 2) and ORDER DIRECTING PAYMENT OF INMATE FILING FEE BY FCI MENDOTA Defendant. 16 17 Plaintiff is a federal prisoner proceeding pro se pursuant to Bivens v. Six Unknown 18 Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971) and has requested leave to 19 proceed in forma pauperis pursuant to 28 U.S.C. § 1915. Plaintiff has made the showing required 20 by § 1915(a) and accordingly, the request to proceed in forma pauperis will be granted. Plaintiff 21 is obligated to pay the statutory filing fee of $350.00 for this action. 28 U.S.C. § 1915(b)(1). 22 Plaintiff is obligated to make monthly payments in the amount of twenty percent of the preceding 23 month’s income credited to plaintiff’s trust account. FCI Mendota is required to send to the Clerk 24 of the Court payments from plaintiff’s account each time the amount in the account exceeds 25 $10.00, until the statutory filing fee is paid in full. 28 U.S.C. § 1915(b)(2). 26 27 28 In accordance with the above and good cause appearing therefore, IT IS HEREBY ORDERED that: 1. Plaintiff's application to proceed in forma pauperis is GRANTED; 1 1 2. The Warden of FCI Mendota or his designee shall collect payments from 2 plaintiff’s prison trust account in an amount equal to twenty per cent (20%) of 3 the preceding month’s income credited to the prisoner’s trust account and shall 4 forward those payments to the Clerk of the Court each time the amount in the 5 account exceeds $10.00, in accordance with 28 U.S.C. § 1915(b)(2), until a total of 6 $350.00 has been collected and forwarded to the Clerk of the Court. The 7 payments shall be clearly identified by the name and number assigned to this 8 action. 3. The Clerk of the Court is directed to serve a copy of this order and a copy of plaintiff’s 9 10 in forma pauperis application on the Warden of FCI Mendota, at P.O. Box 39, 11 Mendota, CA 93640. 12 4. The Clerk of the Court is directed to serve a copy of this order on the Financial 13 Department, U.S. District Court, Eastern District of California, Sacramento Division. 14 5. Within thirty (60) days of the date of service of this order, plaintiff shall submit a 15 certified copy of his/her prison trust account statement for the six-month period 16 immediately preceding the filing of the complaint, if plaintiff has not already done so. 17 18 19 IT IS SO ORDERED. Dated: February 23, 2015 UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28 2

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