Leal v. Muzuka et al

Filing 4

ORDER GRANTING 2 Motion to Proceed IFP signed by Magistrate Judge Barbara A. McAuliffe on 10/9/2019. (Attachments: # 1 IFP Application) (Lundstrom, T)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 FOR THE EASTERN DISTRICT OF CALIFORNIA 6 7 8 JOSE RAYMUNDO LEAL, Plaintiff, 9 10 11 ORDER GRANTING MOTION TO PROCEED IN FORMA PAUPERIS v. (Doc. No. 2) P.O. MUZUKA, et al., Defendants. 12 13 Case No. 1:19-cv-01223-DAD-BAM ORDER DIRECTING PAYMENT OF INMATE FILING FEE Plaintiff Jose Raymundo Leal (“Plaintiff”), proceeding pro se, filed this civil rights action 14 on September 5, 2019. (Doc. No. 1.) Plaintiff was a county jail inmate at the time the action was 15 filed but is currently a state prisoner incarcerated at the Wasco State Prison. (Doc. No. 3.) 16 Currently before the Court is Plaintiff’s motion to proceed in forma pauperis pursuant to 28 U.S.C. 17 § 1915. (Doc. No. 2.) 18 Plaintiff has made the showing required by § 1915(a) and accordingly, the request to 19 proceed in forma pauperis will be granted. Plaintiff is obligated to pay the statutory filing fee of 20 $350.00 for this action. 28 U.S.C. § 1915(b)(1). Plaintiff is obligated to make monthly payments 21 in the amount of twenty percent (20%) of the preceding month’s income credited to Plaintiff’s trust 22 account. The California Department of Corrections is required to send to the Clerk of the Court 23 payments from Plaintiff’s trust account each time the amount in the account exceeds $10.00, until 24 the statutory filing fee is paid in full. 28 U.S.C. § 1915(b)(2). 25 Accordingly, IT IS HEREBY ORDERED that: 26 1. Plaintiff’s application to proceed in forma pauperis is GRANTED; 2. The Director of the California Department of Corrections or his/her designee 27 28 1 1 shall collect payments from Plaintiff’s prison trust account in an amount equal to twenty 2 percent (20%) of the preceding month’s income credited to the prisoner’s trust account and 3 shall forward those payments to the Clerk of the Court each time the amount in the account 4 exceeds $10.00, in accordance with 28 U.S.C. § 1915(b)(2), until a total of $350.00 has been 5 collected and forwarded to the Clerk of the Court. The payments shall be clearly identified 6 by the name and number assigned to this action; 7 3. The Clerk of the Court is directed to serve a copy of this order and a copy of 8 Plaintiff’s in forma pauperis application on the Director of California Department of Corrections, 9 via the court’s electronic case filing system (CM/ECF); 10 11 12 13 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; and 5. Plaintiff’s complaint will be screened in due course pursuant to 28 U.S.C. § 1915(e)(2). 14 15 16 17 IT IS SO ORDERED. Dated: /s/ Barbara October 9, 2019 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28 2

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