Fykes v. Zuniga et al

Filing 5

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)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL A. FYKES, 12 Plaintiff, 13 14 v. RAFAEL ZUNIGA, et al., 15 1:17-cv-00344-SAB (PC) ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS and ORDER DIRECTING PAYMENT OF INMATE FILING FEE BY FCI MENDOTA Defendants. 16 Plaintiff is a federal prisoner proceeding pro se pursuant to Bivens v. Six Unknown 17 18 Federal Narcotics Agents,403 U.S. 388 (1971) and has requested leave to proceed in forma 19 pauperis pursuant to 28 U.S.C. § 1915. Plaintiff has made the showing required by § 1915(a) and 20 accordingly, the request to proceed in forma pauperis will be granted. Plaintiff is obligated to pay 21 the statutory filing fee of $350.00 for this action. 28 U.S.C. § 1915(b)(1). Plaintiff is obligated to 22 make monthly payments in the amount of twenty percent of the preceding month’s income 23 credited to Plaintiff’s trust account. FCI Mendota is required to send to the Clerk of the Court 24 payments from Plaintiff’s account each time the amount in the account exceeds $10.00, until the 25 statutory filing fee is paid in full. 28 U.S.C. § 1915(b)(2). 26 /// 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 Warden of FCI Mendota or his designee shall collect payments from 5 Plaintiff’s prison trust account in an amount equal to twenty percent (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 10 payments shall be clearly identified by the name and number assigned to this 11 action. 12 3. The Clerk of the Court is directed to serve a copy of this order and a copy of 13 Plaintiff’s in forma pauperis application on the Warden of FCI Mendota, at P.O. Box 14 39, Mendota, CA 93640. 15 4. The Clerk of the Court is directed to serve a copy of this order on the Financial 16 Department, U.S. District Court, Eastern District of California, Sacramento Division. 17 5. Within thirty (60) days of the date of service of this order, Plaintiff shall submit a 18 certified copy of his/her prison trust account statement for the six-month period 19 immediately preceding the filing of the complaint, if Plaintiff has not already done so. 20 21 22 IT IS SO ORDERED. Dated: March 10, 2017 UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28 2

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