Banuelos v. Reyes

Filing 3

ORDER GRANTING #2 Motion to Proceed IFP signed by Magistrate Judge Barbara A. McAuliffe on 10/10/2019. (Attachments: #1 IFP Motion) (Sant Agata, S)

1
2
3
4

UNITED STATES DISTRICT COURT

5

EASTERN DISTRICT OF CALIFORNIA

6
7
8
9

Case No. 1:19-cv-01328-DAD-BAM

ROBERT BANUELOS,
Plaintiff,

ORDER GRANTING MOTION TO
PROCEED IN FORMA PAUPERIS

v.

10
11

(Doc. No. 2)

ANTHONY TONY REYES,
Defendant.

ORDER DIRECTING PAYMENT OF
INMATE FILING FEE BY KINGS COUNTY
JAIL

12
13
14

Plaintiff Robert Banuelos (“Plaintiff”) is a county jail inmate proceeding pro se in the

15

instant action against Anthony Tony Reyes. (Doc. Nos. 1, 2.) Currently before the Court is

16

Plaintiff’s motion to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. (Doc. No. 4.)

17

Plaintiff has made the showing required by § 1915(a) and accordingly, the request to

18

proceed in 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 payments

20

in the amount of twenty percent (20%) of the preceding month’s income credited to Plaintiff’s trust

21

account. The Kings County Jail is required to send to the Clerk of the Court payments from

22

Plaintiff’s trust account each time the amount in the account exceeds $10.00, until the statutory

23

filing fee is paid in full. 28 U.S.C. § 1915(b)(2).

24

Accordingly, IT IS HEREBY ORDERED that:

25

1.

Plaintiff’s application to proceed in forma pauperis is GRANTED;

26

2.

The Sheriff of the Kings County Jail or his/her designee shall collect payments

27

from Plaintiff’s trust account in an amount equal to twenty percent (20%) of the preceding

28

month’s income credited to Plaintiff’s trust account and shall forward those payments to the
1

1

Clerk of the Court each time the amount in the account exceeds $10.00, in accordance with

2

28 U.S.C. § 1915(b)(2), until a total of $350.00 has been collected and forwarded to the Clerk

3

of the Court. The payments shall be clearly identified by the name and number assigned to

4

this action;

5

3.

The Clerk of the Court is directed to serve a copy of this order and a copy of

6

Plaintiff’s in forma pauperis application on the Sheriff of the Kings County Jail via the Court’s

7

electronic case filing system (CM/ECF);

8
9
10
11

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).

12
13
14
15

IT IS SO ORDERED.
Dated:

/s/ Barbara

October 10, 2019

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE

16
17
18
19
20
21
22
23
24
25
26
27
28
2