Smith v. Stanislaus Co. Sheriff's Dept., et al.
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)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
1:17-cv-00847 JLT (PC)
ORDER GRANTING APPLICATION TO
PROCEED IN FORMA PAUPERIS
ORDER DIRECTING PAYMENT
OF INMATE FILING FEE BY STANISLAUS
STANISLAUS COUNTY SHERIFF’S
DEPARTMENT, et al.,
Plaintiff 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 Stanislaus County Sheriff 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, the Court ORDERS:
1. Plaintiff's application to proceed in forma pauperis is GRANTED;
2. The Stanislaus County Sheriff or his/her 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 Stanislaus County Sheriff, via the court's
electronic case filing system (CM/ECF).
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
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.
July 7, 2017
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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