Herrera et al v. California State Superior Courts et al

Filing 3

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)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 FOR THE EASTERN DISTRICT OF CALIFORNIA 6 7 DANIEL HERRERA, et al., Plaintiffs, 8 9 10 11 CASE NO. 1:17-cv-386-AWI-BAM ORDER GRANTING PLAINTIFF DANIEL HERRERA’S IN FORMA PAUPERIS APPLICATION (Doc. 2). v. CALIFORNIA STATE SUPERIOR COURTS, et al., ORDER DIRECTING PAYMENT OF DANIEL HERRERA’S INMATE FILING FEE Defendants. 12 13 14 / 15 16 17 Plaintiff Daniel Herrera (“Plaintiff”), a state prisoner proceeding pro se, filed this action 18 pursuant to 42 U.S.C. § 1983, on March 16, 2017. Currently before the Court is Plaintiff’s motion for 19 leave to proceed in forma pauperis pursuant to 28 U.S.C. §1915. (Doc. 2). 20 Plaintiff has made the showing required by § 1915(a) and accordingly, the request to proceed 21 in forma pauperis will be granted. Plaintiff Herrera is obligated to pay the statutory filing fee of 22 $350.00 for this action. 28 U.S.C. § 1915(b)(1). Plaintiff is obligated to make monthly payments in the 23 amount of twenty percent (20%) of the preceding month’s income credited to Plaintiff’s trust account. 24 The California Department of Corrections is required to send to the Clerk of the Court payments from 25 Plaintiff’s trust account each time the amount in the account exceeds $10.00, until the statutory filing 26 fee is paid in full. 28 U.S.C. § 1915(b)(2). 27 Accordingly, IT IS HEREBY ORDERED that: 28 1. Plaintiff Daniel Herrera’s application to proceed in forma pauperis, filed on March 16, 1 1 2017 (Doc. 2), is GRANTED; 2. 2 The Director of the California Department of Corrections or his/her designee shall 3 collect payments from Plaintiff Daniel Herrera’s prison trust account in an amount equal to 4 twenty percent (20%) of the preceding month’s income credited to the prisoner’s trust account 5 and shall forward those payments to the Clerk of the Court each time the amount in the account 6 exceeds $10.00, in accordance with 28 U.S.C. § 1915(b)(2), until a total of $350.00 has been 7 collected and forwarded to the Clerk of the Court. The payments shall be clearly identified by 8 the name and number assigned to this action; 3. 9 The Clerk of the Court is directed to serve a copy of this order and a copy of Plaintiff’s 10 in forma pauperis application on the Director of the California Department of Corrections, via the 11 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, 12 13 U.S. District Court, Eastern District of California, Fresno Division 14 15 IT IS SO ORDERED. 16 17 Dated: /s/ Barbara April 4, 2017 A. McAuliffe UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28 2

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