Hernandez v. Carranza, et al.
ORDER granting 2 Motion to Proceed IFP signed by Magistrate Judge Sheila K. Oberto on 8/16/2017. (Attachments: # 1 IFP Application) (Lundstrom, T)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
ORDER GRANTING APPLICATION TO
PROCEED IN FORMA PAUPERIS
J. CARRANZA, et al.,
ORDER DIRECTING PAYMENT
OF INMATE FILING FEE BY STANISLAUS
COUNTY SHERIFF’S DEPARTMENT
Plaintiff is a prisoner proceeding pro se pursuant to 42 U.S.C. ' 1983 and 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’s Department 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, IT IS HEREBY
1. Plaintiff's application to proceed in forma pauperis is GRANTED;
2. The Sheriff for the County of Stanislaus or his 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 for the County of Stanislaus.
Department, U.S. District Court, Eastern District of California, Sacramento Division.
5. Within sixty (60) days of the date of service of this order, plaintiff shall submit a
certified 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.
The Clerk of the Court is directed to serve a copy of this order on the Financial
IT IS SO ORDERED.
August 16, 2017
Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
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