McCorvey v. District Attorney

Filing 4

ORDER Granting 3 Motion to Proceed IFP and Directing Payment of Inmate Filing Fee by Fresno County Jail signed by Magistrate Judge Stanley A. Boone on 01/24/2017. (Attachments: # 1 Application for IFP) (Flores, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 LARRY McCORVEY, 12 Plaintiff, 13 Case No. 1:17-cv-00035-LJO-SAB (PC) ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS AND DIRECTING PAYMENT OF INMATE FILING FEE BY FRESNO COUNTY JAIL v. 14 DISTRICT ATTORNEY, 15 Defendant. (ECF No. 3) 16 17 Plaintiff Larry McCorvey, a pretrial detainee, is appearing pro se and in forma pauperis in 18 this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed a complaint in this action on 19 January 10, 2017. (ECF No. 1.) On January 12, 2017, an order issued requiring Plaintiff to pay 20 the filing fee or file an application to proceed without prepayment of fees. (ECF No. 2.) On 21 January 23, 2017, Plaintiff filed a motion to proceed without prepayment of fees. 22 Plaintiff seeks to proceed without prepayment of fees in this action pursuant to 28 U.S.C. 23 § 1915. Plaintiff has made the showing required by § 1915(a) and accordingly, the request to 24 proceed in forma pauperis will be granted. Plaintiff is obligated to pay the statutory filing fee of 25 $350.00 for this action. 28 U.S.C. § 1915(b)(1). Plaintiff is obligated to make monthly 26 payments in the amount of twenty percent of the preceding month’s income credited to plaintiff’s 27 trust account. The California Department of Corrections and Rehabilitation is required to send to 28 the Clerk of the Court payments from plaintiff’s account each time the amount in the account 1 1 exceeds $10.00, until the statutory filing fee is paid in full. 28 U.S.C. § 1915(b)(2). 2 Based on the foregoing, it is HEREBY ORDERED that: 3 1. Plaintiff's application to proceed in forma pauperis is granted; 4 2. The Fresno County Sheriff or his designee shall collect payments from plaintiff’s 5 inmate trust account in an amount equal to twenty per cent (20%) of the preceding 6 month’s income credited to the detainee’s trust account and shall forward those 7 payments to the Clerk of the Court each time the amount in the account exceeds 8 $10.00, in accordance with 28 U.S.C. § 1915(b)(2), until a total of $350.00 has 9 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; 10 3. 11 The Clerk of the Court is directed to serve a copy of this order and a copy of 12 plaintiff’s in forma pauperis application on the Fresno County Jail via the court’s 13 electronic case filing system (CM/ECF); 4. 14 The Clerk of the Court is directed to serve a copy of this order on the Financial 15 Department, U.S. District Court, Eastern District of California, Sacramento 16 Division; and 5. 17 Within sixty (60) days of the date of service of this order, plaintiff shall submit a 18 certified copy of his inmate trust account statement for the six-month period 19 immediately preceding the filing of the complaint, if plaintiff has not already done 20 so. 21 22 IT IS SO ORDERED. 23 Dated: January 24, 2017 UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28 2

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