Moses Flores v. Wespak

Filing 11

ORDER Granting Plaintiff's 7 Motion to Proceed IFP; ORDER Directing Payment of Moses Flores' Inmate Filing Fee, signed by Magistrate Judge Barbara A. McAuliffe on 5/18/17. (Attachments: # 1 Motion for IFP) (Gonzalez, R)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 FOR THE EASTERN DISTRICT OF CALIFORNIA 6 7 MOSES FLORES, Plaintiffs, 8 9 10 11 12 CASE NO. 1:17-cv-326-AWI-BAM ORDER GRANTING PLAINTIFF MOSES FLORES’ IN FORMA PAUPERIS APPLICATION (Doc. 7). v. WESPAK and J.V. FARM LABOR SERVICES, ORDER DIRECTING PAYMENT OF MOSES FLORES’ INMATE FILING FEE Defendants. 13 14 / 15 16 17 Plaintiff Moses Flores (“Plaintiff”), a Nevada state prisoner proceeding pro se, filed this action 18 pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq, on March 6, 2017. 19 Currently before the Court is Plaintiff’s motion for leave to proceed in forma pauperis pursuant to 28 20 U.S.C. §1915. (Doc. 7). 21 Plaintiff has made the showing required by § 1915(a) and accordingly, the request to proceed 22 in forma pauperis will be granted. Plaintiff is obligated to pay the statutory filing fee of $350.00 for 23 this action. 28 U.S.C. § 1915(b)(1). Plaintiff is obligated to make monthly payments in the amount of 24 twenty percent (20%) of the preceding month’s income credited to Plaintiff’s trust account. The 25 Nevada Department of Corrections is required to send to the Clerk of the Court payments from 26 Plaintiff’s trust account each time the amount in the account exceeds $10.00, until the statutory filing 27 fee is paid in full. 28 U.S.C. § 1915(b)(2). 28 Accordingly, IT IS HEREBY ORDERED that: 1 1 2 3 1. Plaintiff’s application to proceed in forma pauperis, filed on April 28, 2017 (Doc. 7), is GRANTED; 2. The Director of the Nevada Department of Corrections or his/her designee shall 4 collect payments from Plaintiff Moses Flores prison trust account in an amount equal to twenty 5 percent (20%) of the preceding month’s income credited to the prisoner’s trust account and 6 shall forward those payments to the Clerk of the Court each time the amount in the account 7 exceeds $10.00, in accordance with 28 U.S.C. § 1915(b)(2), until a total of $350.00 has been 8 collected and forwarded to the Clerk of the Court. The payments shall be clearly identified by 9 the name and number assigned to this action; 10 3. The Clerk of the Court is directed to serve a copy of this order and a copy of Plaintiff’s 11 in forma pauperis application on the Director of the Nevada Department of Corrections, via the court’s 12 electronic case filing system (CM/ECF); and 13 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, Fresno Division 15 16 17 18 IT IS SO ORDERED. Dated: /s/ Barbara May 18, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28 2

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