Patrick Edward Guy v. Brown et al
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)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
ORDER GRANTING PLAINTIFF’S MOTION
TO PROCEED IN FORMA PAUPERIS
(ECF No. 2)
Case No.: 1:17-cv-01408 BAM (PC)
PATRICK EDWARD GUY,
JERRY BROWN, et al.,
ORDER DIRECTING PAYMENT OF INMATE
FILING FEE BY SHERIFF OF FRESNO
Plaintiff Patrick Edward Guy is a prisoner proceeding pro se pursuant to 42 U.S.C. '
1983. Plaintiff initiated this action on October 19, 2017, (ECF No. 1.) and concurrently filed a
motion for leave to proceed in forma pauperis pursuant to 28 U.S.C. ' 1915, (ECF No. 2).
The Court finds that 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 Sheriff of Fresno County 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
Plaintiff’s motion to proceed in forma pauperis (ECF No. 2) is GRANTED;
The Sheriff of Fresno County 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;
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 Sheriff of Fresno County, via the Court’s
electronic case filing system (CM/ECF);
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
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.
IT IS SO ORDERED.
October 26, 2017
UNITED STATES MAGISTRATE JUDGE
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