Santos v. Mims

Filing 4

ORDER GRANTING 2 Motion to Proceed IFP signed by Magistrate Judge Stanley A. Boone on 2/1/2017. (Attachments: # 1 IFP Motion). (Jessen, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 1:17-cv-00134-SAB (PC) WILLIAM ANTHONY SANTOS, SR., Plaintiff, ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS (Document# 2) v. MARGARET MIMS, Defendant. and 16 ORDER DIRECTING PAYMENT OF INMATE FILING FEE BY FRESNO COUNTY JAIL 17 18 19 20 21 Plaintiff is a prisoner 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. 22 Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. 28 U.S.C. 23 ' 1915(b)(1). Plaintiff is obligated to make monthly payments in the amount of twenty percent of 24 the preceding month=s income credited to plaintiff=s trust account. The Fresno County Jail is 25 required to send to the Clerk of the Court payments from plaintiff=s account each time the amount 26 in the account exceeds $10.00, until the statutory filing fee is paid in full. 28 U.S.C. ' 1915(b)(2). 27 28 1 1 2 In accordance with the above and good cause appearing therefore, IT IS HEREBY ORDERED that: 3 1. Plaintiff's application to proceed in forma pauperis is GRANTED; 4 2. The Sheriff of the Fresno County Jail or her designee shall collect payments 5 from plaintiff=s prison trust account in an amount equal to twenty per cent (20%) of 6 the preceding month=s income credited to the prisoner=s trust account and shall 7 forward those payments to the Clerk of the Court each time the amount in the 8 account exceeds $10.00, in accordance with 28 U.S.C. ' 1915(b)(2), until a total of 9 $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. 10 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 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, Sacramento Division. 15 5. Within sixty (60) days of the date of service of this order, plaintiff shall submit a 16 certified copy of his prison trust account statement for the six-month period immediately 17 preceding the filing of the complaint, if plaintiff has not already done so. 18 19 20 IT IS SO ORDERED. 21 Dated: February 1, 2017 22 UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28 2

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