Garcia v. Garcia, et al.

Filing 4

ORDER GRANTING Motion to Proceed IFP 2 ; ORDER DIRECTING Payment of Inmate Filing Fee by Kings County Sheriff's Department, signed by Magistrate Judge Barbara A. McAuliffe on 10/3/17. (Attachments: # 1 IFP Application) (Hellings, J)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

MARCO A. GARCIA,

12
13
14
15

Plaintiff,

Case No. 1:17-cv-01313-BAM (PC)
ORDER GRANTING MOTION TO
PROCEED IN FORMA PAUPERIS

v.
(ECF No. 2)
RUBEN GARCIA, et al.,
Defendants.

16

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

17
18

Plaintiff Marco A. Garcia (“Plaintiff”) is a county jail inmate appearing pro se in this civil

19

rights action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action on October 2, 2017.

20

(ECF No. 1.) That same day, Plaintiff filed a motion to proceed in forma pauperis pursuant to 28

21

U.S.C. § 1915. (ECF No. 2.)

22

Plaintiff has made the showing required by § 1915(a) and accordingly, the request to

23

proceed in forma pauperis will be granted. Plaintiff is obligated to pay the statutory filing fee of

24

$350.00 for this action. 28 U.S.C. § 1915(b)(1). Plaintiff is obligated to make monthly payments

25

in the amount of twenty percent (20%) of the preceding month’s income credited to Plaintiff’s

26

trust account. The Kings County Sheriff’s Department is required to send to the Clerk of the

27

Court payments from Plaintiff’s trust account each time the amount in the account exceeds

28

$10.00, until the statutory filing fee is paid in full. 28 U.S.C. § 1915(b)(2).
1

1

Accordingly, IT IS HEREBY ORDERED that:

2

1. Plaintiff's application to proceed in forma pauperis (ECF No. 2) is GRANTED;

3

2. The Sheriff of Kings County Jail or his or her designee shall collect payments

4

from Plaintiff=s prison trust account in an amount equal to twenty per cent (20%) of

5

the preceding month=s income credited to the prisoner=s trust account and shall

6

forward those payments to the Clerk of the Court each time the amount in the

7

account exceeds $10.00, in accordance with 28 U.S.C. § 1915(b)(2), until a total of

8

$350.00 has been collected and forwarded to the Clerk of the Court. The payments

9

shall be clearly identified by the name and number assigned to this action;

10

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

11

Plaintiff=s in forma pauperis application on the Sheriff of the Kings County Jail at, Attn:

12

Inmate Trust Account, 1570 Kings County Drive Hanford, California 93230; and

13
14

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.

15
16
17

IT IS SO ORDERED.
Dated:

/s/ Barbara

October 3, 2017

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE

18
19
20
21
22
23
24
25
26
27
28
2