Rodriguez v. Penner et al

Filing 9

ORDER GRANTING 8 Motion to Proceed IFP signed by Magistrate Judge Stanley A. Boone on 3/30/17. (Attachments: # 1 IFP Motion) (Marrujo, C)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT J. RODRIGUEZ, Plaintiff, 12 13 14 15 Case No. 1:17-cv-00204-DAD-SAB ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS v. ORDER DIRECTING PAYMENT OF INMATE FILING FEE BY FRESNO COUNTY JAIL DON PENNER, et al., Defendants. (ECF No. 8) 16 17 Plaintiff Robert J. Rodriguez, a pretrial detainee, is appearing pro se in this civil rights 18 action pursuant to 42 U.S.C. § 1983. On February 13, 2017, Plaintiff filed a complaint in this 19 action. (ECF No. 1.) However, Plaintiff did not file an application to proceed in forma pauperis 20 or pay the filing fee. On February 15, 2017, the Court ordered Plaintiff to either pay the filing 21 fee or file an application demonstrating that he is entitled to proceed in this action without 22 prepayment of the filing fee. (ECF No. 2.) On March 16, 2017, Plaintiff filed an application to 23 proceed in forma pauperis. (ECF No. 5.) However, the form was incomplete and the Court 24 denied the application without prejudice on March 20, 2017. (ECF No. 6.) On March 29, 2017, 25 Plaintiff filed another application to proceed in forma pauperis. (ECF No. 8.) 26 Plaintiff has made the showing required by § 1915(a) and accordingly, the request to 27 proceed in forma pauperis will be granted. Plaintiff is obligated to pay the statutory filing fee of 28 $350.00 for this action. 28 U.S.C. § 1915(b)(1). 1 Plaintiff is obligated to make monthly 1 payments in the amount of twenty percent of the preceding month’s income credited to 2 Plaintiff’s trust account. The Fresno County Jail is required to send to the Clerk of the Court 3 payments from plaintiff’s account each time the amount in the account exceeds $10.00, until the 4 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 5 6 ORDERED that: 7 1. Plaintiff's application to proceed in forma pauperis is GRANTED; 8 2. The Fresno County Sheriff or his designee shall collect payments from 9 Plaintiff’s jail trust account in an amount equal to twenty per cent (20%) of the preceding 10 month’s income credited to the detainee’s trust account and shall forward those payments 11 to the Clerk of the Court each time the amount in the account exceeds $10.00, in 12 accordance with 28 U.S.C. § 1915(b)(2), until a total of $350.00 has been collected and 13 forwarded to the Clerk of the Court. The payments shall be clearly identified by the name 14 and number assigned to this action; 3. The Clerk of the Court is directed to serve a copy of this order and a copy of 15 16 Plaintiff’s in forma pauperis application on the Fresno County Jail, via the court’s electronic case 17 filing system (CM/ECF); and 4. The Clerk of the Court is directed to serve a copy of this order on the Financial 18 19 Department, U.S. District Court, Eastern District of California, Sacramento Division. 20 21 22 IT IS SO ORDERED. 23 Dated: March 30, 2017 UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28 2

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