Patrick Edward Guy v. Brown et al

Filing 4

ORDER GRANTING Plaintiff's 2 Motion to Proceed IFP; ORDER DIRECTING Payment of Inmate Filing Fee by Sheriff of Fresno County signed by Magistrate Judge Barbara A. McAuliffe on 10/26/2017. (60-Day Deadline) (Attachments: # 1 IFP Application) (Martin-Gill, 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 PLAINTIFF’S MOTION TO PROCEED IN FORMA PAUPERIS (ECF No. 2) Plaintiff, 13 14 Case No.: 1:17-cv-01408 BAM (PC) PATRICK EDWARD GUY, v. JERRY BROWN, et al., 15 ORDER DIRECTING PAYMENT OF INMATE FILING FEE BY SHERIFF OF FRESNO COUNTY Defendant. 16 17 18 Plaintiff Patrick Edward Guy is a prisoner proceeding pro se pursuant to 42 U.S.C. ' 19 1983. Plaintiff initiated this action on October 19, 2017, (ECF No. 1.) and concurrently filed a 20 motion for leave to proceed in forma pauperis pursuant to 28 U.S.C. ' 1915, (ECF No. 2). 21 The Court finds that Plaintiff has made the showing required by ' 1915(a) and 22 accordingly, the request to proceed in forma pauperis will be granted. Plaintiff is obligated to pay 23 the statutory filing fee of $350.00 for this action. 28 U.S.C. ' 1915(b)(1). Plaintiff is obligated to 24 make monthly payments in the amount of twenty percent of the preceding month’s income 25 credited to Plaintiff=s trust account. The Sheriff of Fresno County is required to send to the Clerk 26 of the Court payments from Plaintiff=s account each time the amount in the account exceeds 27 $10.00, until the statutory filing fee is paid in full. 28 U.S.C. ' 1915(b)(2). 28 /// 1 1 In accordance with the above and good cause appearing therefore, IT IS HEREBY 2 ORDERED that: 3 1. Plaintiff’s motion to proceed in forma pauperis (ECF No. 2) is GRANTED; 4 2. The Sheriff of Fresno County or his 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 those 7 payments to the Clerk of the Court each time the amount in the account exceeds $10.00, in 8 accordance with 28 U.S.C. ' 1915(b)(2), until a total of $350.00 has been collected and 9 forwarded to the Clerk of the Court. The payments shall be clearly identified by the name 10 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 of 12 Plaintiff’s in forma pauperis application on the Sheriff of Fresno County, via the Court’s 13 electronic case filing system (CM/ECF); 14 15 16 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; and 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. 19 20 21 IT IS SO ORDERED. Dated: /s/ Barbara October 26, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28 2

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