Winstead v. Matevousian et al

Filing 10

ORDER granting 7 Motion to Proceed IFP signed by Magistrate Judge Barbara A. McAuliffe on 8/30/2017. (Attachments: # 1 IFP Application) (Lundstrom, T)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MARCUS KERNELL WINSTEAD, 12 Plaintiff, 13 14 Case No. 1:17-cv-00951-DAD-BAM (PC) ORDER GRANTING MOTION TO PROCEED IN FORMA PAUPERIS v. (ECF No. 7) ANDREW MATEVOUSIAN, et al., 15 Defendants. ORDER DIRECTING PAYMENT OF INMATE FILING FEE BY USP LEWISBURG 16 Plaintiff Marcus Kernell Winstead (“Plaintiff”) is appearing pro se in this civil rights 17 18 action pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 19 388 (1971). On July 17, 2017, Plaintiff filed a complaint, together with a motion to proceed in 20 forma pauperis pursuant to 28 U.S.C. § 1915. (ECF Nos. 1, 2.) There was no certified copy of 21 Plaintiff’s trust account statement attached to Plaintiff’s application, and the certificate portion of 22 the form was not signed, dated, or filled-out by an authorized officer of the correctional 23 institution. Plaintiff attached a declaration requesting to file his application without the trust 24 account statement or staff signature because prison staff refused to print out his trust account 25 statement. Plaintiff further stated that he anticipated being transferred to USP Lewisburg in the 26 next week or two. (ECF No. 2.) Based on this information, the Court denied the motion without 27 prejudice and ordered Plaintiff to submit a completed form within forty-five (45) days. (ECF No. 28 4.) 1 1 2 3 Currently before the Court is Plaintiff’s renewed motion to proceed in forma pauperis. (ECF No. 7.) Plaintiff has made the showing required by § 1915(a) and accordingly, the request to 4 proceed in forma pauperis will be granted. Plaintiff is obligated to pay the statutory filing fee of 5 $350.00 for this action. 28 U.S.C. § 1915(b)(1). Plaintiff is obligated to make monthly payments 6 in the amount of twenty percent (20%) of the preceding month’s income credited to Plaintiff’s 7 trust account. The Warden of USP Lewisburg is required to send to the Clerk of the Court 8 payments from Plaintiff’s trust account each time the amount in the account exceeds $10.00, until 9 the statutory filing fee is paid in full. 28 U.S.C. § 1915(b)(2). 10 Accordingly, IT IS HEREBY ORDERED that: 11 1. Plaintiff's application to proceed in forma pauperis (ECF No. 7) is GRANTED; 12 2. The Warden of USP Lewisburg or his or her designee shall collect payments 13 from Plaintiff=s prison trust account in an amount equal to twenty per cent (20%) of 14 the preceding month=s income credited to the prisoner=s trust account and shall 15 forward those payments to the Clerk of the Court each time the amount in the 16 account exceeds $10.00, in accordance with 28 U.S.C. § 1915(b)(2), until a total of 17 $350.00 has been collected and forwarded to the Clerk of the Court. The payments 18 shall be clearly identified by the name and number assigned to this action; 19 3. The Clerk of the Court is directed to serve a copy of this order and a copy of 20 Plaintiff=s in forma pauperis application on the Warden of USP Lewisburg, U.S. 21 Penitentiary, 2400 Robert F. Miller Drive, Lewisburg, PA 17837; and 22 23 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. 24 25 26 IT IS SO ORDERED. Dated: /s/ Barbara August 30, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 27 28 2

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