Wilson v. Tuolumne County et al

Filing 4

ORDER GRANTING 2 Motion to Proceed IFP signed by Magistrate Judge Gary S. Austin on 10/12/2017. (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 ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS (Document# 2) Plaintiff, 13 14 1:17-cv-01354-GSA (PC) CHRISTOPHER JOHN WILSON, v. TUOLUMNE COUNTY, et al., 15 and Defendants. ORDER DIRECTING PAYMENT OF INMATE FILING FEE BY TUOLUMNE COUNTY SHERIFF 16 17 18 19 Plaintiff is a Tuolomne County Jail inmate proceeding pro se pursuant to 42 U.S.C. 20 ' 1983 and has requested leave to proceed in forma pauperis pursuant to 28 U.S.C. ' 1915. 21 Plaintiff 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 $350.00 for 23 this action. 28 U.S.C. ' 1915(b)(1). Plaintiff is obligated to make monthly payments in the 24 amount of twenty percent of the preceding month=s income credited to plaintiff=s trust account. 25 The Tuolomne County Sheriff is required to send to the Clerk of the Court payments from 26 plaintiff=s account each time the amount in the account exceeds $10.00, until the statutory filing 27 fee is paid in full. 28 U.S.C. ' 1915(b)(2). 28 /// 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 Tuolumne County Sheriff or his/her designee shall collect payments from 5 plaintiff=s jail trust account in an amount equal to twenty per cent (20%) of the 6 preceding month=s income credited to the inmate=s trust account and shall forward 7 those payments to the Clerk of the Court each time the amount in the account 8 exceeds $10.00, in accordance with 28 U.S.C. ' 1915(b)(2), until a total of $350.00 has 9 been collected and forwarded to the Clerk of the Court. The payments shall be 10 clearly identified by the name and number assigned to this action. 11 3. The Clerk of the Court is directed to serve a copy of this order and a copy of 12 plaintiff=s in forma pauperis application on the Tuolumne County Sheriff at 175 Yaney 13 Ave., Sonora, CA 95370. 14 15 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, Sacramento Division. 16 5. Within sixty (60) days of the date of service of this order, plaintiff shall submit a 17 certified copy of his prison trust account statement for the six-month period immediately 18 preceding the filing of the complaint, if plaintiff has not already done so. 19 20 21 IT IS SO ORDERED. Dated: October 12, 2017 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28 2

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