Gradford v. McDougall

Filing 6

ORDER GRANTING 2 Motion to Proceed IFP signed by Magistrate Judge Michael J. Seng on 5/5/2017. (Attachments: # 1 IFP Motion) (Sant Agata, S)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

1:17-cv-00575-MJS (PC)

WILLIAM J. GRADFORD,

12

Plaintiff,

13
14

ORDER GRANTING APPLICATION TO
PROCEED IN FORMA PAUPERIS

v.
MCDOUGALL,

15

(ECF No. 2)
Defendant.
and

16

ORDER DIRECTING PAYMENT
OF INMATE FILING FEE BY STANISLAUS
COUNTY SHERIFF’S DEPARTMENT

17
18
19
20

Plaintiff is a county jail inmate proceeding pro se pursuant to 42 U.S.C. ' 1983

21

and has requested leave to proceed in forma pauperis pursuant to 28 U.S.C. ' 1915.

22

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

23

proceed in forma pauperis will be granted. Plaintiff is obligated to pay the statutory filing

24

fee of $350.00 for this action. 28 U.S.C. ' 1915(b)(1). Plaintiff is obligated to make

25

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

26

credited to plaintiff=s trust account.

27

required to send to the Clerk of the Court payments from plaintiff=s account each time the

28

amount in the account exceeds $10.00, until the statutory filing fee is paid in full. 28

The Stanislaus County Sheriff’s Department is

1

1
2
3

U.S.C. ' 1915(b)(2).
In accordance with the above and good cause appearing therefore, IT IS
HEREBY ORDERED that:

4

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

5

2. The Sheriff of Stanislaus County or his designee shall collect

6

payments from plaintiff=s prison trust account in an amount equal to twenty

7

per cent (20%) of the preceding month=s income credited to the prisoner=s

8

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

9

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

10

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

11

to the Clerk of the Court. The payments shall be clearly identified by the

12

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

13
14
15

of plaintiff=s in forma pauperis application on the Stanislaus County Sheriff’s
Department, via the United States Postal Service.
4. The Clerk of the Court is directed to serve a copy of this order on the

16
17
18

Financial Department, U.S.
Sacramento Division.

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

19
20
21

District Court, Eastern District of California,

submit a 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.

22
23

IT IS SO ORDERED.

24
25

Dated:

May 5, 2017

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

26
27
28
2

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3