Wilkins v. Stanislaus County et al

Filing 4

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)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 FOR THE EASTERN DISTRICT OF CALIFORNIA 6 7 KEENAN WILKINS, aka Nerrah Brown, 8 9 CASE NO. 1:16-cv-1858-DAD-BAM ORDER GRANTING IN FORMA PAUPERIS APPLICATION (Doc. 3). Plaintiff, v. 10 11 ORDER DIRECTING PAYMENT OF INMATE FILING FEE STANISLAUS COUNTY, et al., Defendants. 12 / 13 14 15 Plaintiff is proceeding pro se and has requested leave to proceed in forma pauperis pursuant to 16 28 U.S.C. § 1915. Plaintiff has made the showing required by section 1915(a), and accordingly, the 17 request to proceed in forma pauperis will be granted. 28 U.S.C. § 1915(a). However, Plaintiff is 18 obligated to pay the statutory filing fee of $350.00 for this action. 28 U.S.C. § 1915(b)(1). He is also 19 obligated to make monthly payments in the amount of twenty percent (20%) of the preceding month’s 20 income credited to plaintiff’s trust account. R.J. Donovan Correctional Facility in San Diego, 21 California, is required to send the Clerk of the Court payments from Plaintiff’s account each time the 22 amount in the account exceeds $10.00, until the statutory filing fee is paid in full. 28 U.S.C. § 23 1915(b)(2). 24 Additionally, Plaintiff is advised that the Court is required to screen complaints of prisoners 25 pursuant to 28 U.S.C. § 1915A(a). The Court must dismiss a complaint or portion thereof if the 26 prisoner has raised claims that are frivolous or malicious, that fail to state a claim upon which relief 27 may be granted, or that seek monetary relief from a defendant who is immune from such relief. 28 28 U.S.C. § 1915A(b)(1), (2). As a result, summonses will not issue at this time. The Court will direct 1 1 the United States Marshal to serve Plaintiff’s complaint only after the Court has screened the 2 complaint and determined that it contains cognizable claims for relief against the named defendants. 3 The Court will screen Plaintiff’s complaint in due course. 4 5 In accordance with the above, and good cause appearing therefore, IT IS HEREBY ORDERED that: 6 1. Plaintiff's application to proceed in forma pauperis is GRANTED. 7 2. The Warden of R.J. Donovan Correctional Facility or his designee, shall collect 8 payments from plaintiff’s prison trust account in an amount equal to twenty per cent (20%) of 9 the preceding month’s income credited to the prisoner’s trust account and shall forward those 10 payments to the Clerk of the Court each time the amount in the account exceeds $10.00, in 11 accordance with 28 U.S.C. § 1915(b)(2), until a total of $350.00 has been collected and forwarded 12 to the Clerk of the Court. The payments shall be clearly identified by the name and number 13 assigned to this action. 14 15 16 17 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. 18 19 20 21 IT IS SO ORDERED. Dated: /s/ Barbara January 9, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28 2

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