Jacobsen v. Maldinado

Filing 6

ORDER granting 5 Motion to Proceed IFP signed by Magistrate Judge Barbara A. McAuliffe on 2/6/2017. (Attachments: # 1 IFP Application) (Lundstrom, T)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 1:17-cv-00101-BAM (PC) MICHAEL JACOBSEN, 12 ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS Plaintiff, 13 v. 14 MALDINADO, 15 (ECF No. 5) ORDER DIRECTING PAYMENT OF INMATE FILING FEE BY THE SHERIFF OF FRESNO COUNTY JAIL Defendant. 16 17 Plaintiff Michael Jacobsen (“Plaintiff”) is a pretrial detainee proceeding pro se under 42 18 U.S.C. § 1983. Plaintiff initiated this action on January 23, 2017. (ECF No. 1.) Currently before 19 the Court is Plaintiff’s motion for leave to proceed in forma pauperis under 28 U.S.C. § 1915. Plaintiff has made the showing required by § 1915(a) and accordingly, the request to 20 21 proceed in forma pauperis will be granted. Plaintiff is obligated to pay the statutory filing fee of 22 $350.00 for this action. 28 U.S.C. § 1915(b)(1). Plaintiff is obligated to make monthly payments 23 in the amount of twenty percent (20%) of the preceding month=s income credited to Plaintiff=s 24 trust account. The Sheriff of Fresno County Jail is required to send to the Clerk of the Court 25 payments from Plaintiff=s account each time the amount in the account exceeds $10.00, until the 26 27 28 statutory filing fee is paid in full. 28 U.S.C. § 1915(b)(2). /// /// 1 1 Accordingly, the Court HEREBY ORDERS that: 2 3 1. Plaintiff's application to proceed in forma pauperis, filed on February 1, 2017 (ECF No. 5), is GRANTED; 2. The Sheriff of Fresno County Jail or his designee shall collect payments from 4 5 Plaintiff=s prison trust account in an amount equal to twenty per cent (20%) of the 6 preceding month=s income credited to the prisoner=s trust account and shall forward 7 those payments to the Clerk of the Court each time the amount in the account 8 exceeds $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 10 clearly identified by the name and number assigned to this action. 11 3. 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 Sheriff of Fresno County Jail, via the 13 court's electronic case filing system (CM/ECF). 4. 14 15 Department, U.S. District Court, Eastern District of California. 5. Within sixty (60) days of the date of service of this order, Plaintiff shall submit a 16 17 18 19 The Clerk of the Court is directed to serve a copy of this order on the Financial certified copy of his prison trust account statement for the six-month period immediately preceding the filing of the complaint, if Plaintiff has not already done so. IT IS SO ORDERED. 20 21 Dated: /s/ Barbara February 6, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28 2

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