Herrera et al v. California State Superior Courts et al
ORDER GRANTING Plaintiff Daniel Herrera's 2 Motion to Proceed IFP ; ORDER DIRECTING payment of Daniel Herrera's Inmate Filing Fee, signed by Magistrate Judge Barbara A. McAuliffe on 04/04/17. (Attachments: # 1 IFP Application) (Martin-Gill, S)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
DANIEL HERRERA, et al.,
CASE NO. 1:17-cv-386-AWI-BAM
ORDER GRANTING PLAINTIFF DANIEL
HERRERA’S IN FORMA PAUPERIS
CALIFORNIA STATE SUPERIOR
COURTS, et al.,
ORDER DIRECTING PAYMENT OF DANIEL
HERRERA’S INMATE FILING FEE
Plaintiff Daniel Herrera (“Plaintiff”), a state prisoner proceeding pro se, filed this action
pursuant to 42 U.S.C. § 1983, on March 16, 2017. Currently before the Court is Plaintiff’s motion for
leave to proceed in forma pauperis pursuant to 28 U.S.C. §1915. (Doc. 2).
Plaintiff has made the showing required by § 1915(a) and accordingly, the request to proceed
in forma pauperis will be granted. Plaintiff Herrera 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 (20%) of the preceding month’s income credited to Plaintiff’s trust account.
The California Department of Corrections is required to send to the Clerk of the Court payments from
Plaintiff’s trust 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).
Accordingly, IT IS HEREBY ORDERED that:
Plaintiff Daniel Herrera’s application to proceed in forma pauperis, filed on March 16,
2017 (Doc. 2), is GRANTED;
The Director of the California Department of Corrections or his/her designee shall
collect payments from Plaintiff Daniel Herrera’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 action;
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 Director of the California Department of Corrections, via the
court’s electronic case filing system (CM/ECF); and
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
IT IS SO ORDERED.
April 4, 2017
UNITED STATES MAGISTRATE JUDGE
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