Quiroga v. Graves et al

Filing 4

ORDER GRANTING 2 Motion to Proceed IFP, signed by Magistrate Judge Dennis L. Beck on 2/24/16. (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 1:16-cv-00234-DLB (PC) MONICO QUIROGA, 12 Plaintiff, 13 14 ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS (Document# 2) v. GRAVES, et al., 15 Defendant. and 16 ORDER DIRECTING PAYMENT OF INMATE FILING FEE BY KERN COUNTY SHERIFF’S DEPARTMENT 17 18 19 20 21 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. 22 Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. 28 U.S.C. 23 24 ' 1915(b)(1). Plaintiff is obligated to make monthly payments in the amount of twenty percent of the preceding month=s income credited to plaintiff=s trust account. The Kern County Sheriff’s 25 Department is required to send to the Clerk of the Court payments from plaintiff=s account each 26 time the amount in the account exceeds $10.00, until the statutory filing fee is paid in full. 28 27 U.S.C. ' 1915(b)(2). 28 1 1 2 In accordance with the above and good cause appearing therefore, IT IS HEREBY ORDERED that: 3 4 1. Plaintiff's application to proceed in forma pauperis is GRANTED; 5 2. The Kern County Sheriff or his designee shall collect payments from 6 plaintiff=s prison trust account in an amount equal to twenty per cent (20%) of the 7 preceding month=s income credited to the prisoner=s trust account and shall forward 8 those payments to the Clerk of the Court each time the amount in the account 9 exceeds $10.00, in accordance with 28 U.S.C. ' 1915(b)(2), until a total of $350.00 has 10 been collected and forwarded to the Clerk of the Court. The payments shall be 11 clearly identified by the name and number assigned to this action. 3. The Clerk of the Court is directed to serve a copy of this order and a copy of 12 13 plaintiff=s in forma pauperis application on the Kern County Sheriff’s Department, via the 14 court's electronic case filing system (CM/ECF). 4. 15 16 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 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. 20 21 IT IS SO ORDERED. 22 23 Dated: /s/ Dennis February 24, 2016 L. Beck UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28 2

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