Briscoe, III v. County of Fresno et al
ORDER GRANTING 2 Motion to Proceed IFP; ORDER DIRECTING Payment of Inmate Filing Fee by the Sheriff of the Fresno County Jail, signed by Magistrate Judge Sheila K. Oberto on 07/06/2017. (copy of this order forwarded to Fresno County Jail and Financial-Sac) (Attachments: # 1 IFP Application) (Martin-Gill, S)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
JAMES R. BRISCOE, III,
ORDER GRANTING APPLICATION TO
PROCEED IN FORMA PAUPERIS
COUNTY OF FRESNO, et al.,
ORDER DIRECTING PAYMENT
OF INMATE FILING FEE BY THE SHERIFF
OF THE FRESNO COUNTY JAIL
Plaintiff is a prisoner proceeding pro se pursuant to 42 U.S.C. ' 1983 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 is obligated to pay the statutory filing fee of $350.00 for this action. 28 U.S.C.
' 1915(b)(1). Plaintiff is obligated to make monthly payments in the amount of twenty percent of
the preceding month=s income credited to plaintiff=s trust account. The Sheriff of the Fresno
County Jail 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
1. Plaintiff's application to proceed in forma pauperis is GRANTED;
2. The Sheriff of the Fresno County Jail 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 Sheriff of the Fresno County Jail, via the
court's electronic case filing system (CM/ECF).
Department, U.S. District Court, Eastern District of California, Sacramento Division.
5. Within sixty (60) days of the date of service of this order, plaintiff shall 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.
The Clerk of the Court is directed to serve a copy of this order on the Financial
IT IS SO ORDERED.
July 6, 2017
Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
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