Stewart v. Christianson et al.
ORDER GRANTING 9 Motion to Proceed IFP; ORDER DIRECTING Payment of Inmate Filing Fee by Stanislaus County Jail, signed by Magistrate Judge Barbara A. McAuliffe on 8/21/17. (Attachments: # 1 IFP Motion) (Marrujo, C)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
CHRISTIANSON, et al.,
Case No. 1:17-cv-00936-BAM (PC)
ORDER GRANTING MOTION TO
PROCEED IN FORMA PAUPERIS
(ECF No. 9)
ORDER DIRECTING PAYMENT OF
INMATE FILING FEE BY STANISLAUS
Plaintiff Gerald Stewart (“Plaintiff”) is appearing pro se in this civil rights action pursuant
to 42 U.S.C. § 1983. Plaintiff initiated this action on July 1, 2017. (ECF No. 1.) That same day,
Plaintiff filed a motion to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. (ECF No. 3.)
Plaintiff’s application was not signed or dated, there was no certified copy of Plaintiff’s trust
account statement, and the certificate portion of the form was not signed, dated, or filled-out by
an authorized officer of the correctional institution. The Court denied the motion without
prejudice and ordered Plaintiff to submit a completed form within forty-five (45) days. (ECF No.
Currently before the Court is Plaintiff’s renewed motion to proceed in forma pauperis.
(ECF No. 9.)
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 (20%) of the preceding month’s income credited to Plaintiff’s
trust account. The Sheriff of Stanislaus County Jail is required to send to the Clerk of the Court
payments from Plaintiff’s trust 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).
Accordingly, IT IS HEREBY ORDERED that:
1. Plaintiff's application to proceed in forma pauperis (ECF No. 6) is GRANTED;
2. The Sheriff of Stanislaus County Jail or his or 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 Sheriff of Stanislaus County Jail at, Attn:
Inmate Trust Account, 250 E. Hackett Road, Modesto, California 95358; and
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.
August 21, 2017
UNITED STATES MAGISTRATE JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?