Fykes v. Zuniga et al
ORDER GRANTING 2 Motion to Proceed IFP; ORDER DIRECTING Payment of Inmate Filing Fee by FCI Mendota, signed by Magistrate Judge Stanley A. Boone on 03/10/2017. (Attachments: # 1 IFP Application) (Copy of this order and IFP Application submitted to FCI-Mendota, P.O. Box 39, Mendota, CA 93640)(Martin-Gill, S)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
MICHAEL A. FYKES,
RAFAEL ZUNIGA, et al.,
ORDER GRANTING APPLICATION TO
PROCEED IN FORMA PAUPERIS
ORDER DIRECTING PAYMENT
OF INMATE FILING FEE BY FCI
Plaintiff is a federal prisoner proceeding pro se pursuant to Bivens v. Six Unknown
Federal Narcotics Agents,403 U.S. 388 (1971) 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. FCI Mendota 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
1. Plaintiff's application to proceed in forma pauperis is GRANTED;
2. The Warden of FCI Mendota or his designee shall collect payments from
Plaintiff’s prison trust account in an amount equal to twenty percent (20%) of
the preceding month’s income credited to the prisoner’s trust account and shall
forward those payments to the Clerk of the Court each time the amount in the
account exceeds $10.00, in accordance with 28 U.S.C. § 1915(b)(2), until a total of
$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
3. The Clerk of the Court is directed to serve a copy of this order and a copy of
Plaintiff’s in forma pauperis application on the Warden of FCI Mendota, at P.O. Box
39, Mendota, CA 93640.
4. 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.
5. Within thirty (60) days of the date of service of this order, Plaintiff shall submit a
certified copy of his/her 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.
March 10, 2017
UNITED STATES MAGISTRATE JUDGE
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