Smith v. Stanislaus Co. Sheriff's Dept., et al.

Filing 4

ORDER GRANTING 2 Motion to Proceed IFP; ORDER DIRECTING Payment of Inmate Filing Fee by Stanislaus County Sheriff, signed by Magistrate Judge Jennifer L. Thurston on 7/7/17. (Attachments: # 1 IFP Motion) (Marrujo, C)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 1:17-cv-00847 JLT (PC) TYRONE SMITH, ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS (Doc. 2) Plaintiff, v. ORDER DIRECTING PAYMENT OF INMATE FILING FEE BY STANISLAUS COUNTY SHERIFF STANISLAUS COUNTY SHERIFF’S DEPARTMENT, et al., Defendant(s). 17 18 Plaintiff has requested leave to proceed in forma pauperis pursuant to 28 U.S.C. ' 1915. 19 Plaintiff has made the showing required by ' 1915(a) and accordingly, the request to proceed in 20 forma pauperis will be granted. Plaintiff is obligated to pay the statutory filing fee of $350.00 for 21 this action. 28 U.S.C. ' 1915(b)(1). Plaintiff is obligated to make monthly payments in the 22 amount of twenty percent of the preceding month=s income credited to plaintiff=s trust account. 23 The Stanislaus County Sheriff is required to send to the Clerk of the Court payments from 24 plaintiff=s account each time the amount in the account exceeds $10.00, until the statutory filing 25 fee is paid in full. 28 U.S.C. ' 1915(b)(2). 26 In accordance with the above and good cause appearing therefore, the Court ORDERS: 27 1. Plaintiff's application to proceed in forma pauperis is GRANTED; 28 2. The Stanislaus County Sheriff or his/her designee shall collect payments from 1 1 plaintiff=s prison trust account in an amount equal to twenty per cent (20%) of the 2 preceding month=s income credited to the prisoner=s trust account and shall forward 3 those payments to the Clerk of the Court each time the amount in the account 4 exceeds $10.00, in accordance with 28 U.S.C. ' 1915(b)(2), until a total of $350.00 has 5 been collected and forwarded to the Clerk of the Court. The payments shall be 6 clearly identified by the name and number assigned to this action. 7 3. The Clerk of the Court is directed to serve a copy of this order and a copy of 8 plaintiff=s in forma pauperis application on the Stanislaus County Sheriff, via the court's 9 electronic case filing system (CM/ECF). 4. 10 11 Department, U.S. District Court, Eastern District of California, Sacramento Division. 5. Within 60 days of the date of service of this order, plaintiff shall submit a certified 12 13 14 15 The Clerk of the Court is directed to serve a copy of this order on the Financial 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. IT IS SO ORDERED. 16 Dated: 17 July 7, 2017 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28 2

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