Wilkins v. Stanislaus County et al
ORDER GRANTING 3 Motion to Proceed In Forma Pauperis; ORDER DIRECTING Payment of Inmate Filing Fee, signed by Magistrate Judge Barbara A. McAuliffe on 1/9/17. (Attachments: # 1 IFP Motion) (Marrujo, C)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
aka Nerrah Brown,
CASE NO. 1:16-cv-1858-DAD-BAM
ORDER GRANTING IN FORMA
ORDER DIRECTING PAYMENT OF
INMATE FILING FEE
STANISLAUS COUNTY, et al.,
Plaintiff is proceeding pro se and has requested leave to proceed in forma pauperis pursuant to
28 U.S.C. § 1915. Plaintiff has made the showing required by section 1915(a), and accordingly, the
request to proceed in forma pauperis will be granted. 28 U.S.C. § 1915(a). However, Plaintiff is
obligated to pay the statutory filing fee of $350.00 for this action. 28 U.S.C. § 1915(b)(1). He is also
obligated to make monthly payments in the amount of twenty percent (20%) of the preceding month’s
income credited to plaintiff’s trust account. R.J. Donovan Correctional Facility in San Diego,
California, is required to send the Clerk of the Court payments from Plaintiff’s account each time the
amount in the account exceeds $10.00, until the statutory filing fee is paid in full. 28 U.S.C. §
Additionally, Plaintiff is advised that the Court is required to screen complaints of prisoners
pursuant to 28 U.S.C. § 1915A(a). The Court must dismiss a complaint or portion thereof if the
prisoner has raised claims that are frivolous or malicious, that fail to state a claim upon which relief
may be granted, or that seek monetary relief from a defendant who is immune from such relief. 28
U.S.C. § 1915A(b)(1), (2). As a result, summonses will not issue at this time. The Court will direct
the United States Marshal to serve Plaintiff’s complaint only after the Court has screened the
complaint and determined that it contains cognizable claims for relief against the named defendants.
The Court will screen Plaintiff’s complaint in due course.
In accordance with the above, and good cause appearing therefore, IT IS HEREBY
1. Plaintiff's application to proceed in forma pauperis is GRANTED.
2. The Warden of R.J. Donovan Correctional Facility or his designee, shall collect
payments from plaintiff’s prison trust account in an amount equal to twenty per cent (20%) of
the preceding month’s income credited to the prisoner’s trust account and shall forward those
payments to the Clerk of the Court each time the amount in the account exceeds $10.00, in
accordance with 28 U.S.C. § 1915(b)(2), until a total of $350.00 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 action.
3. 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 Warden of the R. J. Donovan Correctional Facility; and
4. 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, Fresno Division.
IT IS SO ORDERED.
January 9, 2017
UNITED STATES MAGISTRATE JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?