Jason Allan Singer v. Matthew Braman et al

Filing 10

ORDER GRANTING In Forma Pauperis Application; ORDER DIRECTING Payment of Inmate Filing Fee by the California Department of Corrections 2 , signed by Magistrate Judge Erica P. Grosjean on 5/31/17. (Attachments: # 1 IFP Application, # 2 Trust Account Statement)(Hellings, J)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JASON ALLEN SINGER, 12 Plaintiff, 13 14 15 16 v. MATTHEW BRAMAN, et al. Defendants. Case No. 1:17-cv-00725-EPG ORDER GRANTING IN FORMA PAUPERIS APPLICATION ORDER DIRECTING PAYMENT OF INMATE FILING FEE BY THE CALIFORNIA DEPARTMENT OF CORRECTIONS (ECF No. 2) 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff Jason Allan Singer, proceeding pro se while incarcerated in California Substance Abuse Treatment Facility in Corcoran, California, has filed a complaint in this action along with an application to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. (ECF Nos. 1, 2.) Plaintiff has made the requisite showing under 28 U.S.C. § 1915(a). Accordingly, his application to proceed in forma pauperis is GRANTED. However, pursuant to 28 U.S.C. § 1915(b)(1), Plaintiff remains obligated to pay the statutory filing fee of $350.00 for this action when funds exist in his inmate trust account. Accordingly, Plaintiff shall make monthly payments in the amount of twenty percent (20%) of the preceding month’s income credited to his trust account. 28 U.S.C. § 1915(b)(2). The California Department of Corrections and Rehabilitation, or its designee, is required to send payments from Plaintiff’s trust account to the Clerk of the Court each time the amount in the account exceeds $10.00 until the statutory filing fee is paid in full. 28 1 1 U.S.C. § 1915(b)(2). 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. Plaintiff’s application to proceed in forma pauperis is GRANTED; 4 2. The California Department of Corrections and Rehabilitation, or its designee, shall 5 collect payments from Plaintiff’s inmate trust account in an amount equal to 6 twenty percent (20%) of the preceding month’s income credited to the trust 7 account, and, each time the amount in the account exceeds $10.00, forward those 8 payments to the Clerk of this Court in accordance with 28 U.S.C. § 1915(b)(2), 9 until a total of $350.00 has been collected and forwarded to the Clerk of the Court. 10 The payments shall be clearly identified by the name and number assigned to this 11 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 Director of the California 14 Department of Corrections and Rehabilitation, via the Court’s electronic case 15 filing system (CM/ECF); and, 16 4. 17 18 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. IT IS SO ORDERED. 19 20 Dated: May 31, 2017 /s/ UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 27 28 2

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