Garraway v. Ciufo et al

Filing 4

ORDER GRANTING 2 Motion to Proceed IFP; ORDER DIRECTING Payment of Inmate Filing Fee by U.S. Penitentiary Lee, signed by Magistrate Judge Gary S. Austin on 4/20/17. (Marrujo, C)

Download PDF
1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 MITCHELL GARRAWAY, 11 12 13 Plaintiff, v. JACQUILINE CIUFO, et al., 14 1:17-cv-00533-GSA (PC) ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS and ORDER DIRECTING PAYMENT OF INMATE FILING FEE BY U.S. PENITENTIARY LEE Defendants. 15 16 Plaintiff is a federal prisoner proceeding pro se pursuant to 403 U.S. 388 (1971) and has 17 requested leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. Plaintiff has made 18 the showing required by § 1915(a) and accordingly, the request to proceed in forma pauperis will 19 be granted. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. 28 20 U.S.C. § 1915(b)(1). Plaintiff is obligated to make monthly payments in the amount of twenty 21 percent of the preceding month’s income credited to plaintiff’s trust account. USP Lee is 22 required to send to the Clerk of the Court payments from plaintiff’s account each time the amount 23 in the account exceeds $10.00, until the statutory filing fee is paid in full. 28 U.S.C. § 1915(b)(2). 24 In accordance with the above and good cause appearing therefore, IT IS HEREBY 25 ORDERED that: 26 1. Plaintiff's application to proceed in forma pauperis is GRANTED; 27 2. The Warden of USP Lee or his or her designee shall collect payments from 28 plaintiff’s prison trust account in an amount equal to twenty per cent (20%) of 1 1 the preceding month’s income credited to the prisoner’s trust account and shall 2 forward those payments to the Clerk of the Court each time the amount in the 3 account exceeds $10.00, in accordance with 28 U.S.C. § 1915(b)(2), until a total of 4 $350.00 has been collected and forwarded to the Clerk of the Court. The 5 payments shall be clearly identified by the name and number assigned to this 6 action. 7 3. The Clerk of the Court is directed to serve a copy of this order and a copy of plaintiff’s 8 in forma pauperis application on the Warden of USP Lee, at P.O. Box 900, Jonesville, 9 VA 24263. 10 4. The Clerk of the Court is directed to serve a copy of this order on the Financial 11 12 Department, U.S. District Court, Eastern District of California, Sacramento Division. 5. Within thirty (60) days of the date of service of this order, plaintiff shall submit a 13 certified copy of his/her prison trust account statement for the six-month period 14 immediately preceding the filing of the complaint, if plaintiff has not already done so. 15 16 17 IT IS SO ORDERED. Dated: April 20, 2017 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?