Berna v. Powell et al

Filing 3

ORDER GRANTING 2 Motion to Proceed IFP ; ORDER DIRECTING Payment of Inmate Filing Fee by the California Department of Corrections, signed by Magistrate Judge Gary S. Austin on 03/2/2015. (Attachments: # 1 IFP Application) (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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1:15-cv-00283-AWI-GSA

BRUCE BERNA,
Plaintiff,
v.

ORDER GRANTING IN FORMA
PAUPERIS APPLICATION

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LUKE POWELL, FRANK NAVARRO,
LEE CARIAGA, ALFREDO FUERTO,
and ALFRED FRAUSTO,
Defendants.

ORDER DIRECTING PAYMENT OF
INMATE FILING FEE BY THE
CALIFORNIA DEPARTMENT OF
CORRECTIONS

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(ECF No. 2)

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Plaintiff Bruce Berna (“Plaintiff”), proceeding pro se while incarcerated in Taft Modified
Community Correctional Facility (“TMCCF”), has filed a complaint in this action along with an
application to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. ECF Nos. 1, 2.
Regarding his application to proceed in forma pauperis, Plaintiff has made the requisite
showing under 28 U.S.C. § 1915(a). Accordingly, his application to proceed in forma pauperis is
GRANTED. However, pursuant to 28 U.S.C. § 1915(b)(1), Plaintiff remains obligated to pay the
statutory filing fee of $400.00 for this action when funds exist in his inmate trust account.
Accordingly, Plaintiff shall make monthly payments in the amount of twenty percent (20%) of the
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preceding month’s income credited to his trust account. 28 U.S.C. § 1915(b)(2). The California

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Department of Corrections, or its designee, is required to send payments from Plaintiff’s trust

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account to the Clerk of this Court each time the amount in the account exceeds $10.00, until the

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statutory filing fee is paid in full. 28 U.S.C. § 1915(b)(2).

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As to the status of his complaint, Plaintiff is advised that pursuant to 28 U.S.C.

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§ 1915(e)(2), the court must conduct an initial review of every pro se complaint to determine

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whether it is legally sufficient under the applicable pleading standards. The court must dismiss a

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complaint, or portion thereof, if the court determines that the complaint is legally frivolous or

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malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief from a

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defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2). If the court determines that

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the complaint fails to state a claim, leave to amend may be granted to the extent that the

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deficiencies in the complaint can be cured by amendment. Plaintiff’s complaint will be screened

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in due course.

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ORDER

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IT IS HEREBY ORDERED that:

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

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2. The California Department of Corrections, or its designee, shall collect

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payments from Plaintiff’s trust account in an amount equal to twenty percent (20%) of the

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preceding month’s income credited to the trust account, and, each time the amount in the account

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exceeds $10.00, forward those payments to the Clerk of this Court in accordance with 28 U.S.C. §

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1915(b)(2), until a total of $400.00 has been collected and forwarded to the Clerk of the Court.

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

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

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Plaintiff’s in forma pauperis application on the Secretary of the California Department of

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Corrections, 1515 S Street, Sacramento, California 95814;

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

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

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

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

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IT IS SO ORDERED.
Dated:

March 2, 2015

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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