Forbes v. Malley et al

Filing 3

ORDER GRANTING 2 Motion to Proceed IFP signed by Magistrate Judge Michael J. Seng on 8/22/2017. (Attachments: # 1 IFP Motion). (Jessen, A)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11
12
13
14

CASE NO: 1:17-cv-01111-LJO-MJS

ROBERT FORBES,

ORDER GRANTING APPLICATION TO
PROCEED IN FORMA PAUPERIS

Plaintiff,
v.

(ECF No. 2)

MICHAEL MALLEY, et al.,

15

ORDER DIRECTING PAYMENT
OF INMATE FILING FEE BY KERN
COUNTY SHERIFF’S DEPARTMENT

Defendants.

16
17
18
19
20
21
22
23
24
25
26
27
28

Plaintiff is a county jail inmate 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 Kern 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
1

1

HEREBY ORDERED that:

2

1. Plaintiff's application to proceed in forma pauperis is GRANTED;

3

2. The Director of the Kern County Sheriff’s Department or his/her

4

designee shall collect payments from plaintiff=s prison trust account in an

5

amount equal to twenty per cent (20%) of the preceding month=s income

6

credited to the prisoner=s trust account and shall forward those payments to

7

the Clerk of the Court each time the amount in the account exceeds $10.00,

8

in accordance with 28 U.S.C. ' 1915(b)(2), until a total of $350.00 has been

9

collected and forwarded to the Clerk of the Court. The payments shall be

10

clearly identified by the name and number assigned to this action.

11

3. The Clerk of the Court is directed to serve a copy of this order and a copy

12

of plaintiff=s in forma pauperis application on the Director of the Kern County

13

Sheriff’s Department, via the court's electronic case filing system (CM/ECF).
4. The Clerk of the Court is directed to serve a copy of this order on the

14
15
16

Financial 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

17
18
19
20
21

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.
IT IS SO ORDERED.

22
23

Dated:

August 22, 2017

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

24
25
26
27
28
2