Hernandez v. Doe Officer One, et al.
ORDER Granting 2 Motion to Proceed IFP; ORDER Directing Payment of Inmate Filing Fee, signed by Magistrate Judge Jennifer L. Thurston on 3/31/17. (Attachments: # 1 Motion for IFP) (Gonzalez, R)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
DOE OFFICER ONE, et al.,
ORDER GRANTING APPLICATION TO
PROCEED IN FORMA PAUPERIS
ORDER DIRECTING PAYMENT
OF INMATE FILING FEE
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.
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. The La Palma Correctional
Center 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.
In accordance with the above and good cause appearing therefore, the Court ORDERS:
1. Plaintiff's application to proceed in forma pauperis is GRANTED;
2. The Warden of the La Palma Correctional Center or his designee shall collect
payments from plaintiff=s prison trust account in an amount equal to twenty per cent
(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.
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 the La Palma Correctional
Center located at 5501 North La Palma Road Eloy, AZ 85131.
Department, U.S. District Court, Eastern District of California, Sacramento Division.
5. Within 60 days of the date of service of this order, plaintiff shall submit a
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.
March 31, 2017
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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