Hardin v. Warden of High Desert State Prison et al
ORDER GRANTING 2 Motion to Proceed IFP signed by Magistrate Judge Michael J. Seng on 12/3/2017. (Attachments: # 1 IFP Motion). (Jessen, A)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
JEFFREY THOMAS HARDIN, JR.,
ORDER GRANTING APPLICATION TO
PROCEED IN FORMA PAUPERIS
WARDEN OF HIGH DESERT STATE
PRISON, et al.,
(ECF No. 2)
ORDER DIRECTING PAYMENT
OF INMATE FILING FEE BY KERN
COUNTY SHERIFF’S DEPARTMENT
Plaintiff is a prisoner 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
HEREBY ORDERED that:
1. Plaintiff's application to proceed in forma pauperis is GRANTED;
2. The Kern County Sheriff or his designee shall collect payments from
plaintiff=s prison trust account in an amount equal to twenty per cent (20% )
of the preceding month=s income credited to the prisoner=s trust account
and shall forward those payments to the Clerk of the Court each time the
amount in the account exceeds $10.00, in accordance with 28 U.S.C.
' 1915(b)(2), until a total of $350.00 has been collected and forwarded to the
Clerk of the Court. The payments shall be clearly identified by the name
and number assigned to this action.
3. The Clerk of the Court is directed to serve a copy of this order and a copy
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
Financial Department, U.S. District Court, Eastern District of California,
5. Within sixty (60) days of the date of service of this order, plaintiff shall
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
IT IS SO ORDERED.
December 3, 2017
Michael J. Seng
UNITED STATES MAGISTRATE JUDGE
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