Mendez v. United States of America et al
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)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
FELIPE MENDEZ, JR.,
Case No.: 1:17-cv-00555-LJO-MJS
ORDER GRANTING APPLICATION TO
PROCEED IN FORMA PAUPERIS
ORDER DIRECTING PAYMENT
UNITED STATES OF AMERICA, et al., OF INMATE FILING FEE BY FCI PEKIN
Plaintiff is a currently incarcerated in the federal facility in Pekin, Ilinois. He is
proceeding pro se pursuant to Bivens v. Six Unknown Named Agents of the Fed. Bureau
of Narcotics, 403 U.S. 388 (1971) 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 nevertheless is obligated to pay
the statutory filing fee of $350.00 for this action. 28 U.S.C. § 1915(b)(1). He must make
monthly payments in the amount of twenty percent of the preceding month’s income
credited to his trust account. FCI Pekin 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. § 1915(b)(2).
In accordance with the above and good cause appearing therefore, IT IS
HEREBY ORDERED that:
1. Plaintiff's application to proceed in forma pauperis is GRANTED;
2. The Warden of FCI Pekin 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 FCI Pekin via United
States Postal Service at 2600 S. Second St., Pekin, IL 61554.
4. The Clerk of the Court is directed to serve a copy of this order on the Financial
Department, U.S. District Court, Eastern District of California, Sacramento
5. Within thirty (60) days of the date of service of this order, plaintiff shall submit
a certified copy of his/her 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.
May 31, 2017
Michael J. Seng
UNITED STATES MAGISTRATE JUDGE
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