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)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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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.

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Plaintiff is a currently incarcerated in the federal facility in Pekin, Ilinois. He is

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proceeding pro se pursuant to Bivens v. Six Unknown Named Agents of the Fed. Bureau

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of Narcotics, 403 U.S. 388 (1971) and has requested leave to proceed in forma pauperis

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pursuant to 28 U.S.C. § 1915.

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Plaintiff has made the showing required by § 1915(a) and accordingly, the request

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to proceed in forma pauperis will be granted. Plaintiff nevertheless is obligated to pay

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the statutory filing fee of $350.00 for this action. 28 U.S.C. § 1915(b)(1). He must make

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monthly payments in the amount of twenty percent of the preceding month’s income

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credited to his trust account. FCI Pekin is required to send to the Clerk of the Court

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payments from plaintiff’s account each time the amount in the account exceeds $10.00,

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until the statutory filing fee is paid in full. 28 U.S.C. § 1915(b)(2).
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In accordance with the above and good cause appearing therefore, IT IS
HEREBY ORDERED that:

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1. Plaintiff's application to proceed in forma pauperis is GRANTED;

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2. The Warden of FCI Pekin or his designee shall collect payments from

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plaintiff’s prison trust account in an amount equal to twenty per cent

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(20%) of the preceding month’s income credited to the prisoner’s trust

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account and shall forward those payments to the Clerk of the Court each

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time the amount in the account exceeds $10.00, in accordance with 28

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U.S.C. § 1915(b)(2), until a total of $350.00 has been collected and

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forwarded to the Clerk of the Court. The payments shall be clearly

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identified by the name and number assigned to this action.

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3. The Clerk of the Court is directed to serve a copy of this order and a copy of

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plaintiff’s in forma pauperis application on the Warden of FCI Pekin via United

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States Postal Service at 2600 S. Second St., Pekin, IL 61554.

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4. The Clerk of the Court is directed to serve a copy of this order on the Financial

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Department, U.S. District Court, Eastern District of California, Sacramento

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Division.

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5. Within thirty (60) days of the date of service of this order, plaintiff shall submit

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a certified copy of his/her prison trust account statement for the six-month

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period immediately preceding the filing of the complaint, if plaintiff has not

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already done so.

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IT IS SO ORDERED.
Dated:

May 31, 2017

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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