Deshavier v. Jordan et al

Filing 3

ORDER GRANTING 2 Motion to Proceed IFP ; ORDER DIRECTING Payment of Inmate Filing Fee by Kings County Jail, signed by Magistrate Judge Barbara A. McAuliffe on 06/30/2017. (Copy of this order forwarded to Financial-SAC and Sheriff of Kings County Jail) (Attachments: # 1 IFP Application) (Martin-Gill, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 AHKEEM DESHAVIER, 12 13 14 15 Plaintiff, ORDER GRANTING MOTION TO PROCEED IN FORMA PAUPERIS v. (Doc. 2) PATRICK JORDAN, et al., Defendants. 16 17 Case No. 1:17-cv-00816-DAD-BAM ORDER DIRECTING PAYMENT OF INMATE FILING FEE BY KINGS COUNTY JAIL Plaintiff Ahkeem Deshavier (“Plaintiff”) is appearing pro se in this civil rights action 18 pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action on June 19, 2017. (Doc. 1). 19 Currently before the Court is Plaintiff’s motion to proceed in forma pauperis pursuant to 28 20 U.S.C. § 1915, and Plaintiff’s Kings County inmate bank account. (Doc. 2). 21 Plaintiff has made the showing required by § 1915(a) and accordingly, the request to 22 proceed in forma pauperis will be granted. Plaintiff is obligated to pay the statutory filing fee of 23 $350.00 for this action. 28 U.S.C. § 1915(b)(1). Plaintiff is obligated to make monthly payments 24 in the amount of twenty percent (20%) of the preceding month’s income credited to Plaintiff’s 25 trust account. The Sheriff of Kings County Jail is required to send to the Clerk of the Court 26 payments from Plaintiff’s trust account each time the amount in the account exceeds $10.00, until 27 the statutory filing fee is paid in full. 28 U.S.C. § 1915(b)(2). 28 Accordingly, IT IS HEREBY ORDERED that: 1 1 1. Plaintiff’s application to proceed in forma pauperis (Doc. 2) is GRANTED; 2 2. The Sheriff of Kings County Jail or his designee shall collect payments from 3 Plaintiff’s prison trust account in an amount equal to twenty percent (20%) of the 4 preceding month’s income credited to the prisoner’s trust account and shall forward 5 those payments to the Clerk of the Court each time the amount in the account 6 exceeds $10.00, in accordance with 28 U.S.C. § 1915(b)(2), until a total of $350.00 has 7 been collected and forwarded to the Clerk of the Court. The payments shall be 8 clearly identified by the name and number assigned to this action; 9 3. The Clerk of the Court is directed to serve a copy of this order and a copy of 10 Plaintiff’s in forma pauperis application on the Sheriff of Kings County Jail, via the 11 Court’s electronic case filing system (CM/ECF); and 12 13 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. 14 15 16 IT IS SO ORDERED. Dated: /s/ Barbara June 30, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2

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