Ortiz v. Madruga et al
ORDER granting 2 Motion to Proceed IFP and directing payment of inmate filing fee by the C.D.C. signed by Magistrate Judge Erica P. Grosjean on 12/22/2016. (Attachments: # 1 IFP Application)(Lundstrom, T)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
FAUSTINO RUA ORTIZ,
Case No. 1:16-cv-01823-LJO-EPG
ORDER GRANTING IN FORMA
MADRUGA, et al.
ORDER DIRECTING PAYMENT OF
INMATE FILING FEE BY THE
CALIFORNIA DEPARTMENT OF
(ECF No. 2)
Plaintiff Faustino Rua Ortiz, proceeding pro se while incarcerated in Chuckawalla State
Prison, 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.)
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 preceding month’s income credited to his trust
account. 28 U.S.C. § 1915(b)(2). The California Department of Corrections and Rehabilitation, or
its designee, is required to send payments from Plaintiff’s trust account to the Clerk of the Court
each time the amount in the account exceeds $10.00 until the statutory filing fee is paid in full. 28
U.S.C. § 1915(b)(2).
Accordingly, IT IS HEREBY ORDERED that:
Plaintiff’s application to proceed in forma pauperis is GRANTED;
The California Department of Corrections and Rehabilitation, or its designee, shall
collect payments from Plaintiff’s inmate trust account in an amount equal to
twenty percent (20%) of the preceding month’s income credited to the trust
account, and, each time the amount in the account exceeds $10.00, forward those
payments to the Clerk of this Court in accordance with 28 U.S.C. § 1915(b)(2),
until a total of $400.00 has been collected and forwarded to the Clerk of the Court.
The payments shall be clearly identified by the name and number assigned to this
The Clerk of the Court is DIRECTED to serve a copy of this Order and a copy of
Plaintiff’s in forma pauperis application on the Director of the California
Department of Corrections and Rehabilitation, via the Court’s electronic case
filing system (CM/ECF); and,
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.
IT IS SO ORDERED.
December 22, 2016
UNITED STATES MAGISTRATE JUDGE
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