Martinez v. Lopez et al

Filing 5

ORDER GRANTING 4 Motion to Proceed IFP signed by Magistrate Judge Stanley A. Boone on 3/6/2018. (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 GABRIEL MARTINEZ, 14 15 ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS Plaintiff, 12 13 Case No. 1:18-cv-00221-DAD-SAB v. ORDER DIRECTING PAYMENT OF INMATE FILING FEE BY FRESNO COUNTY JAIL AMY LOPEZ, et al., Defendants. (ECF No. 4) 16 17 18 Plaintiff Gabriel Martinez, who is incarcerated in Fresno County Jail, appears pro se in 19 this action. On February 13, 2018, Plaintiff filed a complaint in this action and an application to 20 proceed in forma pauperis. (ECF Nos. 1, 2.) Plaintiff’s application to proceed in forma pauperis 21 was denied without prejudice. (ECF No. 3.) On March 5, 2018, Plaintiff filed a second 22 application to proceed in forma pauperis. (ECF No. 4.) 23 Plaintiff has made the showing required by § 1915(a) and accordingly, the request to 24 proceed in forma pauperis will be granted. Plaintiff is obligated to pay the statutory filing fee of 25 $350.00 for this action. 28 U.S.C. § 1915(b)(1). Plaintiff is obligated to make monthly 26 payments in the amount of twenty percent of the preceding month’s income credited to plaintiff’s 27 trust account. The Fresno County Jail is required to send to the Clerk of the Court payments 28 from Plaintiff’s account each time the amount in the account exceeds $10.00, until the statutory 1 1 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 2 3 ORDERED that: 4 1. Plaintiff's application to proceed in forma pauperis is GRANTED; 5 2. The Fresno County Sheriff or his designee shall collect payments from Plaintiff’s 6 jail trust account in an amount equal to twenty percent (20%) of the preceding month’s 7 income credited to the detainee’s trust account and shall forward those payments to the 8 Clerk of the Court each time the amount in the account exceeds $10.00, in accordance with 9 28 U.S.C. § 1915(b)(2), until a total of $350.00 has been collected and forwarded to the 10 Clerk of the Court. The payments shall be clearly identified by the name and number 11 assigned to this action; 3. The Clerk of the Court is directed to serve a copy of this order and a copy of 12 13 plaintiff’s in forma pauperis application on the Fresno County Jail, via the court’s electronic case 14 filing system (CM/ECF); and 4. The Clerk of the Court is directed to serve a copy of this order on the Financial 15 16 Department, U.S. District Court, Eastern District of California, Sacramento Division. 17 18 19 IT IS SO ORDERED. 20 Dated: March 6, 2018 UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 27 28 2

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