Hoffman v. Coyle et al

Filing 7

ORDER Granting Application to Proceed in Forma Pauperis 5 ; ORDER Directing Payment of Inmate Filing Fee by USP Lee, signed by Magistrate Judge Stanley A. Boone on 12/22/16. (Attachments: # 1 IFP Motion)(Verduzco, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MARCELLAS HOFFMAN, 12 Plaintiff, 13 v. 14 D. COYLE, et al., 15 1:16-cv-01617 SAB (PC) ORDER GRANTING APPLICATION PROCEED IN FORMA PAUPERIS TO ORDER DIRECTING PAYMENT OF INMATE FILING FEE BY USP LEE Defendants. 16 17 Plaintiff Marcellas Hoffman is a federal prisoner proceeding pro se in a civil rights action 18 pursuant to Bivens vs. Six Unknown Agents, 403 U.S. 388 (1971). On December 5, 2016, 19 Plaintiff filed a motion to proceed in forma pauperis. (ECF No. 5.) 20 Plaintiff has made the showing required by § 1915(a) and accordingly, the request to 21 proceed in forma pauperis will be granted. Plaintiff is obligated to pay the statutory filing fee of 22 $350.00 for this action. 28 U.S.C. § 1915(b)(1). Plaintiff is obligated to make monthly payments 23 in the amount of twenty percent of the preceding month’s income credited to Plaintiff’s trust 24 account. USP Lee is required to send to the Clerk of the Court payments from Plaintiff’s account 25 each time the amount in the account exceeds $10.00, until the statutory filing fee is paid in full. 26 28 U.S.C. § 1915(b)(2). 27 28 In accordance with the above and good cause appearing therefore, IT IS HEREBY ORDERED that: 1 1 1. Plaintiff's application to proceed in forma pauperis (ECF No. 5) is GRANTED; 2 2. The Warden of USP Lee or his/her designee shall collect payments from 3 Plaintiff’s prison trust account in an amount equal to twenty per cent (20%) of 4 the preceding month’s income credited to the prisoner’s trust account and shall 5 forward those payments to the Clerk of the Court each time the amount in the 6 account exceeds $10.00, in accordance with 28 U.S.C. § 1915(b)(2), until a total of 7 $350.00 has been collected and forwarded to the Clerk of the Court. The 8 payments shall be clearly identified by the name and number assigned to this 9 action. 10 3. The Clerk of the Court is directed to serve a copy of this order and a copy of 11 Plaintiff’s in forma pauperis application on the Warden of USP Lee, at Hickory Flats 12 Rd. Pennington Gap, VA 24277. 13 4. The Clerk of the Court is directed to serve a copy of this order on the Financial 14 Department, U.S. District Court, Eastern District of California, Sacramento Division. 15 5. Within thirty (60) days of the date of service of this order, Plaintiff shall submit a 16 certified copy of his prison trust account statement for the six-month period 17 immediately preceding the filing of the complaint, if Plaintiff has not already done so. 18 19 20 IT IS SO ORDERED. Dated: December 22, 2016 UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 27 28 2

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