Yartz v. Coalinga State Hospital et al

Filing 4

ORDER GRANTING 2 Motion to Proceed IFP signed by Magistrate Judge Erica P. Grosjean on 10/5/2017. (Attachments: # 1 IFP Motion) (Sant Agata, S)

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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-01305-EPG (PC) NORMAN EUGENE YARTZ, Plaintiff, ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS (ECF NO. 2) v. COALINGA STATE HOSPITAL, et al., 15 Defendants. and 16 ORDER DIRECTING PAYMENT OF INMATE FILING FEE BY FRESNO COUNTY SHERIFF 17 18 19 20 Plaintiff is a prisoner proceeding pro se pursuant to 42 U.S.C. § 1983, and has requested 21 leave to proceed in forma pauperis pursuant to 28 U.S.C. ' 1915 (ECF No. 2). Plaintiff has made 22 the showing required by § 1915(a) and, accordingly, the request to proceed in forma pauperis will 23 be granted. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. 28 24 U.S.C. § 1915(b)(1). Plaintiff is obligated to make monthly payments in the amount of twenty 25 percent of the preceding month=s income credited to Plaintiff=s trust account. The Fresno County 26 Sheriff is required to send to the Clerk of Court payments from Plaintiff=s account each time the 27 amount in the account exceeds $10.00, until the statutory filing fee is paid in full. 28 U.S.C. 28 § 1915(b)(2). 1 1 2 In accordance with the above and good cause appearing therefore, IT IS HEREBY ORDERED that: 3 1. Plaintiff's application to proceed in forma pauperis is GRANTED; 4 2. The Fresno County Sheriff or her designee shall collect payments from 5 Plaintiff=s prison trust account in an amount equal to twenty per cent (20%) of the 6 preceding month=s income credited to the prisoner=s trust account and shall forward 7 those payments to the Clerk of Court each time the amount in the account exceeds 8 $10.00, 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 Court. The payments shall be clearly 10 identified by the name and number assigned to this action. 11 3. The Clerk of Court is directed to serve a copy of this order and a copy of Plaintiff=s 12 application to proceed in forma pauperis on the Fresno County Jail, via the Court's 13 electronic case filing system (CM/ECF). 4. 14 15 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 16 17 18 19 The Clerk of Court is directed to serve a copy of this order on the Financial 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. 20 21 Dated: October 5, 2017 /s/ UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28 2

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