Brock v. Tuolumne County Sheriffs

Filing 4

ORDER granting 2 Motion to Proceed IFP signed by Magistrate Judge Michael J. Seng on 12/8/2017. (Attachments: # 1 IFP Application) (Lundstrom, T)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 1:17-cv-01610-MJS (PC) DAVID LEE BROCK, ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS Plaintiff, v. (ECF No. 2) TUOLUMNE COUNTY SHERIFFS, 13 ORDER DIRECTING PAYMENT OF INMATE FILING FEE BY THE TUOLUMNE COUNTY SHERIFF’S DEPARTMENT Defendant. 14 15 Plaintiff is a prisoner proceeding pro se pursuant to 42 U.S.C. ' 1983 and has 16 requested leave to proceed in forma pauperis pursuant to 28 U.S.C. ' 1915. Plaintiff 17 has made the showing required by ' 1915(a) and accordingly, the request to proceed in 18 forma pauperis will be granted. Plaintiff is obligated to pay the statutory filing fee of 19 $350.00 for this action. 28 U.S.C. ' 1915(b)(1). Plaintiff is obligated to make monthly 20 payments in the amount of twenty percent of the preceding month=s income credited to 21 plaintiff=s trust account. The Tuolumne County Sheriff’s Department is required to send 22 to the Clerk of the Court payments from plaintiff=s account each time the amount in the 23 account exceeds $10.00, until the statutory filing fee is paid in full. 28 U.S.C. 24 ' 1915(b)(2). 25 26 In accordance with the above and good cause appearing therefore, IT IS HEREBY ORDERED that: 27 1. Plaintiff's application to proceed in forma pauperis is GRANTED; 28 2. The Sheriff for the County of Tuolumne or his designee shall collect 1 1 payments from plaintiff=s prison trust account in an amount equal to twenty 2 per cent (20%) of the preceding month=s income credited to the prisoner=s 3 trust account and shall forward those payments to the Clerk of the Court 4 each time the amount in the account exceeds $10.00, in accordance with 28 5 U.S.C. ' 1915(b)(2), until a total of $350.00 has been collected and forwarded 6 to the Clerk of the Court. The payments shall be clearly identified by the 7 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 8 9 10 of plaintiff=s in forma pauperis application on the Sheriff for the County of Tuolumne. 4. The Clerk of the Court is directed to serve a copy of this order on the 11 12 13 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 14 15 16 17 18 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. 19 20 Dated: December 8, 2017 /s/ Michael J. Seng UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 27 28 2

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