Wiley v. Kern County Sheriff et al
Filing
14
ORDER granting 13 Motion to Proceed IFP signed by Magistrate Judge Barbara A. McAuliffe on 8/31/2017. (Attachments: # 1 IFP Application). (Lundstrom, T)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10
11
ANTHONY WILEY, SR.,
12
13
14
15
Plaintiff,
v.
KERN COUNTY SHERIFF, et al.,
Defendants.
16
Case No. 1:17-cv-00981-BAM (PC)
ORDER GRANTING MOTION TO
PROCEED IN FORMA PAUPERIS
(ECF No. 13)
ORDER DIRECTING PAYMENT OF
INMATE FILING FEE BY LERDO PRETRIAL FACILITY
17
18
Plaintiff Anthony Wiley, Sr. (“Plaintiff”) is a pretrial detainee proceeding pro se in this
19
civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff has consented to the jurisdiction of a
20
United States Magistrate Judge. (ECF No. 5.)
21
On July 31, 2017, Plaintiff filed an application to proceed in forma pauperis. (ECF No.
22
6.) Plaintiff failed to attach a certified copy of his inmate trust account statement showing
23
transactions for the past six months, and failed to have an authorized officer of the institution of
24
incarceration complete the certification portion of the form. The Court denied Plaintiff’s motion
25
without prejudice and ordered Plaintiff to submit a completed application or pay the filing fee
26
within forty-five (45) days. (ECF No. 7.)
27
28
On August 17, 2017, Plaintiff filed a motion to compel Kern County to comply or submit
application. (ECF No. 8.) Plaintiff stated that he submitted an application to proceed pro se to
1
1
the Kern County Sheriff Financial Department on August 5, 2017, but the application was not
2
signed and returned. Plaintiff attached a copy of his account statement, and the response to his
3
request that was signed by a member of the Sheriff’s Department. (Id.) On August 21, 2017, the
4
Court issued an order finding that Plaintiff had provided the necessary information to fulfill the
5
requirements for a trust account statement and certification, and denying the motion to compel as
6
moot. (ECF No. 9.) Plaintiff was directed to file a new application to proceed in forma pauperis,
7
and specifically requested more information regarding the five-bedroom home listed as an asset in
8
Plaintiff’s prior application.
9
The same day the Court’s order was issued, Plaintiff filed renewed motions to compel and
10
to proceed in forma pauperis on August 21, 2017. (ECF Nos. 10, 11.) As it appeared Plaintiff’s
11
motions crossed with the Court’s order in the mail, and Plaintiff’s renewed motion to proceed in
12
forma pauperis did not contain the requested information regarding Plaintiff’s assets, those
13
motions were denied. (ECF No. 12.)
14
Currently before the Court is Plaintiff’s third motion to proceed in forma pauperis. (ECF
15
No. 13.) Plaintiff states that his residence is co-owned with his spouse, who is currently the sole
16
resident of the property. (Id.)
17
On the basis of the instant motion and the documents attached to Plaintiff’s motion to
18
compel, (ECF No. 8, pp. 2–4), Plaintiff has made the showing required by § 1915(a) and
19
accordingly, the request to proceed in forma pauperis will be granted. Plaintiff is obligated to pay
20
the statutory filing fee of $350.00 for this action. 28 U.S.C. § 1915(b)(1). Plaintiff is obligated to
21
make monthly payments in the amount of twenty percent (20%) of the preceding month’s income
22
credited to Plaintiff’s trust account. The Sheriff of Lerdo Pre-Trial Facility is required to send to
23
the Clerk of the Court payments from Plaintiff’s trust account each time the amount in the
24
account exceeds $10.00, until the statutory filing fee is paid in full. 28 U.S.C. § 1915(b)(2).
25
Accordingly, IT IS HEREBY ORDERED that:
26
1. Plaintiff's application to proceed in forma pauperis (ECF No. 6) is GRANTED;
27
2. The Sheriff of Lerdo Pre-Trial Facility or his or her designee shall collect
28
payments from Plaintiff=s prison trust account in an amount equal to twenty per cent
2
1
(20%) of the preceding month=s income credited to the prisoner=s trust account and
2
shall forward those payments to the Clerk of the Court each time the amount in the
3
account exceeds $10.00, in accordance with 28 U.S.C. § 1915(b)(2), until a total of
4
$350.00 has been collected and forwarded to the Clerk of the Court. The payments
5
shall be clearly identified by the name and number assigned to this action;
6
3. The Clerk of the Court is directed to serve a copy of this order and a copy of
7
Plaintiff=s in forma pauperis application on the Sheriff of Lerdo Pre-Trial Facility at, Attn:
8
Inmate Trust Account, 17695 Industrial Farm Road, Bakersfield, CA 93308; and
9
10
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.
11
12
13
IT IS SO ORDERED.
Dated:
/s/ Barbara
August 31, 2017
A. McAuliffe
_
UNITED STATES MAGISTRATE JUDGE
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
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?