Hardin v. Warden of High Desert State Prison et al

Filing 7

ORDER GRANTING 2 Motion to Proceed IFP signed by Magistrate Judge Michael J. Seng on 12/3/2017. (Attachments: # 1 IFP Motion). (Jessen, A)

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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 15 16 1:17-cv-01314-MJS (PC) JEFFREY THOMAS HARDIN, JR., Plaintiff, ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS v. WARDEN OF HIGH DESERT STATE PRISON, et al., (ECF No. 2) Defendant. ORDER DIRECTING PAYMENT OF INMATE FILING FEE BY KERN COUNTY SHERIFF’S DEPARTMENT 17 18 19 Plaintiff is a prisoner proceeding pro se pursuant to 42 U.S.C. ' 1983 and has 20 requested leave to proceed in forma pauperis pursuant to 28 U.S.C. ' 1915. Plaintiff 21 has made the showing required by ' 1915(a) and accordingly, the request to proceed in 22 forma pauperis will be granted. Plaintiff is obligated to pay the statutory filing fee of 23 $350.00 for this action. 28 U.S.C. ' 1915(b)(1). Plaintiff is obligated to make monthly 24 payments in the amount of twenty percent of the preceding month=s income credited to 25 plaintiff=s trust account. The Kern County Sheriff’s Department is required to send to the 26 Clerk of the Court payments from plaintiff=s account each time the amount in the account 27 exceeds $10.00, until the statutory filing fee is paid in full. 28 U.S.C. ' 1915(b)(2). 28 In accordance with the above and good cause appearing therefore, IT IS 1 1 HEREBY ORDERED that: 2 3 1. Plaintiff's application to proceed in forma pauperis is GRANTED; 4 2. The Kern County Sheriff or his designee shall collect payments from 5 plaintiff=s prison trust account in an amount equal to twenty per cent (20% ) 6 of the preceding month=s income credited to the prisoner=s trust account 7 and shall forward those payments to the Clerk of the Court each time the 8 amount in the account exceeds $10.00, in accordance with 28 U.S.C. 9 ' 1915(b)(2), until a total of $350.00 has been collected and forwarded to the 10 Clerk of the Court. The payments shall be clearly identified by the name 11 and number assigned to this action. 3. The Clerk of the Court is directed to serve a copy of this order and a copy 12 13 14 of plaintiff=s in forma pauperis application on the Lerdo Facility, 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 15 16 17 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 18 19 20 21 22 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. 23 24 Dated: December 3, 2017 /s/ Michael J. Seng UNITED STATES MAGISTRATE JUDGE 25 26 27 28 2

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