Cunha v. California Forensic Medical Group et al

Filing 6

ORDER Granting 2 Motion to Proceed IFP; ORDER Directing Payment of Inmate Filing Fee by Stanislaus County Jail, signed by Magistrate Judge Michael J. Seng on 2/8/17. (Attachments: # 1 Motion for IFP) (Gonzalez, R)

Download PDF
1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 14 1:17-cv-00094-DAD-MJS (PC) JAMES ALFRED CUNHA, Plaintiff, ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS v. CALIFORNIA FORENSIC MEDICAL GROUP, et al., (ECF No. 2) Defendants. ORDER DIRECTING PAYMENT OF INMATE FILING FEE BY STANISLAUS COUNTY JAIL 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff is a county jail inmate proceeding pro se pursuant to 42 U.S.C. ' 1983 and has requested leave to proceed in forma pauperis pursuant to 28 U.S.C. ' 1915. Plaintiff has made the showing required by ' 1915(a) and accordingly, the request to proceed in forma pauperis will be granted. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. 28 U.S.C. ' 1915(b)(1). Plaintiff is obligated to make monthly payments in the amount of twenty percent of the preceding month=s income credited to plaintiff=s trust account. Stanislaus County Jail is required to send to 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. ' 1915(b)(2). In accordance with the above and good cause appearing therefore, IT IS HEREBY ORDERED that: 1. Plaintiff's application to proceed in forma pauperis (ECF No. 2) is 1 1 GRANTED; 2 2. The Sheriff of Stanislaus County or his designee shall collect 3 payments from plaintiff=s prison trust account in an amount equal to twenty 4 per cent (20%) of the preceding month=s income credited to the prisoner=s 5 trust account and shall forward those payments to the Clerk of the Court 6 each time the amount in the account exceeds $10.00, in accordance with 28 7 U.S.C. ' 1915(b)(2), until a total of $350.00 has been collected and forwarded 8 to the Clerk of the Court. The payments shall be clearly identified by the 9 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 10 11 12 of plaintiff=s in forma pauperis application on the Sheriff of Stanislaus County, via the United States Postal Service. 4. The Clerk of the Court is directed to serve a copy of this order on the 13 14 15 Financial Department, U.S. District Court, Eastern District of California, Sacramento Division. 5. Within sixty (60) days of the date of service of this order, plaintiff shall 16 17 18 submit a certified copy of his inmate trust account statement for the six-month period immediately preceding the filing of the complaint, if plaintiff has not already done so. 19 20 IT IS SO ORDERED. 21 22 Dated: February 8, 2017 /s/ Michael J. Seng UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28 2

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?