Mendez v. United States of America et al

Filing 9

ORDER GRANTING Application to Proceed in Forma Pauperis 6 and ORDER DIRECTING Payment of Inmate Filing Fee By FCI Pekin, signed by Magistrate Judge Michael J. Seng on 5/31/17. (Attachments: # 1 IFP Application) (Hellings, J)

Download PDF
1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 12 13 14 15 16 FELIPE MENDEZ, JR., Case No.: 1:17-cv-00555-LJO-MJS Plaintiff, ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS v. and ORDER DIRECTING PAYMENT UNITED STATES OF AMERICA, et al., OF INMATE FILING FEE BY FCI PEKIN Defendant. 17 18 Plaintiff is a currently incarcerated in the federal facility in Pekin, Ilinois. He is 19 proceeding pro se pursuant to Bivens v. Six Unknown Named Agents of the Fed. Bureau 20 of Narcotics, 403 U.S. 388 (1971) and has requested leave to proceed in forma pauperis 21 pursuant to 28 U.S.C. § 1915. 22 Plaintiff has made the showing required by § 1915(a) and accordingly, the request 23 to proceed in forma pauperis will be granted. Plaintiff nevertheless is obligated to pay 24 the statutory filing fee of $350.00 for this action. 28 U.S.C. § 1915(b)(1). He must make 25 monthly payments in the amount of twenty percent of the preceding month’s income 26 credited to his trust account. FCI Pekin is required to send to the Clerk of the Court 27 payments from plaintiff’s account each time the amount in the account exceeds $10.00, 28 until the statutory filing fee is paid in full. 28 U.S.C. § 1915(b)(2). 1 1 2 In accordance with the above and good cause appearing therefore, IT IS HEREBY ORDERED that: 3 1. Plaintiff's application to proceed in forma pauperis is GRANTED; 4 2. The Warden of FCI Pekin or his designee shall collect payments from 5 plaintiff’s prison trust account in an amount equal to twenty per cent 6 (20%) of the preceding month’s income credited to the prisoner’s trust 7 account and shall forward those payments to the Clerk of the Court each 8 time the amount in the account exceeds $10.00, in accordance with 28 9 U.S.C. § 1915(b)(2), until a total of $350.00 has been collected and 10 forwarded to the Clerk of the Court. The payments shall be clearly 11 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 Warden of FCI Pekin via United 14 States Postal Service at 2600 S. Second St., Pekin, IL 61554. 15 4. The Clerk of the Court is directed to serve a copy of this order on the Financial 16 Department, U.S. District Court, Eastern District of California, Sacramento 17 Division. 18 5. Within thirty (60) days of the date of service of this order, plaintiff shall submit 19 a certified copy of his/her prison trust account statement for the six-month 20 period immediately preceding the filing of the complaint, if plaintiff has not 21 already done so. 22 23 24 IT IS SO ORDERED. Dated: May 31, 2017 /s/ 25 Michael J. Seng UNITED STATES MAGISTRATE JUDGE 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?