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)

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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

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