Acord v. Champions Recovery Alternatives et al

Filing 6

ORDER Granting 5 Motion to Proceed IFP signed by Magistrate Judge Erica P. Grosjean on 10/23/2017. (Attachments: # 1 IFP Application) (Flores, E)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 RICHARD ACORD, 11 12 Case No. 1:17-cv-01145-LJO-EPG Plaintiff, ORDER GRANTING MOTION TO PROCEED IN FORMA PAUPERIS v. (ECF No. 5) 13 14 15 CHAMPIONS RECOVERY ALTERNATIVES, et al., Defendants. 16 17 Plaintiff Richard Acord is proceeding pro se in this action pursuant to 42 U.S.C. § 1983. 18 Plaintiff states that he is in custody in Kings County Jail in Kings County California. (ECF No. 19 1.) On August 25, 2017, Plaintiff submitted an application to proceed in forma pauperis pursuant 20 to 28 U.S.C. § 1915. (ECF No. 2.) The Court denied the application due to Plaintiff’s failure to 21 submit an affidavit stating his assets with particularity, but granted leave to submit a second 22 application. (ECF No. 3.) 23 On October 13, 2017, Plaintiff filed a second application to proceed in forma pauperis. 24 (ECF No. 5.) Plaintiff has made the requisite showing under 28 U.S.C. § 1915(a). Accordingly, 25 his application to proceed in forma pauperis is GRANTED. However, pursuant to 28 U.S.C. § 26 1915(b)(1), Plaintiff remains obligated to pay the statutory filing fee for this action when funds 27 exist in his inmate trust account. Accordingly, Plaintiff shall make monthly payments in the 28 amount of twenty percent (20%) of the preceding month’s income credited to his trust account. 1 1 28 U.S.C. § 1915(b)(2). The Sheriff of Kings County, or its designee, is required to send 2 payments from Plaintiff’s trust account to the Clerk of the Court each time the amount in the 3 account exceeds $10.00 until the statutory filing fee is paid in full. 28 U.S.C. § 1915(b)(2). 4 Accordingly, IT IS HEREBY ORDERED that: 5 1. Plaintiff’s application to proceed in forma pauperis is GRANTED; 6 2. Within sixty (60) days of the date of service of this order, Plaintiff shall submit a 7 certified copy of his inmate trust account statement for the six-month period 8 immediately preceding the filing of the complaint, if Plaintiff has not already 9 done so; 10 3. The Sheriff of Kings County or his designee shall collect payments from 11 Plaintiff’s inmate trust account in an amount equal to twenty per cent (20%) of the 12 preceding month’s income credited to the inmate’s trust account and shall forward 13 those payments to the Clerk of Court each time the amount in the account exceeds 14 $10.00, in accordance with 28 U.S.C. §1915(b)(2), until a total of $350.00 has 15 been collected and forwarded to the Clerk of Court. The payments shall be 16 clearly identified by the name and number assigned to this action; 17 4. The Clerk of the Court is directed to serve a copy of this Order and a copy of 18 Plaintiff’s in forma pauperis application on the Sheriff of Kings County, via mail 19 at 1444 W. Lacey Blvd. Hanford, CA 93230; and 20 5. 21 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. 22 23 24 IT IS SO ORDERED. Dated: October 23, 2017 /s/ UNITED STATES MAGISTRATE JUDGE 25 26 27 28 2

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