Gradford v. Stanislaus County Sheriffs Department et al

Filing 10

ORDER GRANTING 9 Motion to Proceed IFP; ORDER DIRECTING Payment of Inmate Filing Fee by Stanislaus County Sheriff's Department, signed by Magistrate Judge Gary S. Austin on 4/20/17. (Marrujo, C)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 1:17-cv-00414-AWI-GSA-(PC) WILLIAM J. GRADFORD, Plaintiff, ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS (Document # 9) v. STANISLAUS COUNTY SHERIFF’S DEPARTMENT, et al., and Defendants. ORDER DIRECTING PAYMENT OF INMATE FILING FEE BY STANISLAUS COUNTY SHERIFF’S DEPARTMENT 17 18 19 20 21 Plaintiff is a prisoner proceeding pro se pursuant to 42 U.S.C. ' 1983 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. 22 Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. 28 U.S.C. 23 ' 1915(b)(1). Plaintiff is obligated to make monthly payments in the amount of twenty percent of 24 the preceding month=s income credited to plaintiff=s trust account. The Stanislaus County 25 Sheriff’s Department is required to send to the Clerk of the Court payments from plaintiff=s 26 account each time the amount in the account exceeds $10.00, until the statutory filing fee is paid 27 in full. 28 U.S.C. ' 1915(b)(2). 28 1 1 2 In accordance with the above and good cause appearing therefore, IT IS HEREBY ORDERED that: 3 4 1. Plaintiff's application to proceed in forma pauperis, filed on April 14, 2017, is GRANTED; 5 2. The Sheriff of Stanislaus County or his or her designee shall collect payments 6 from plaintiff=s prison trust account in an amount equal to twenty per cent (20%) of 7 the preceding month=s income credited to the prisoner=s trust account and shall 8 forward those payments to the Clerk of the Court each time the amount in the 9 account exceeds $10.00, in accordance with 28 U.S.C. ' 1915(b)(2), until a total of 10 $350.00 has been collected and forwarded to the Clerk of the Court. The payments 11 shall be clearly identified by the name and number assigned to this 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 Sheriff for the County of Stanislaus. 4. 14 15 Department, U.S. District Court, Eastern District of California, Sacramento Division. 5. Within sixty (60) days of the date of service of this order, plaintiff shall submit a 16 17 18 19 The Clerk of the Court is directed to serve a copy of this order on the Financial certified copy of his 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. 20 Dated: 21 April 20, 2017 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28 2

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