Leal v. Kings County Sheriff et al

Filing 3

ORDER GRANTING #2 Motion to Proceed IFP signed by Magistrate Judge Sheila K. Oberto on 10/4/2019. (Attachments: #1 IFP Application). (Lundstrom, T)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOSE REYMUNDO LEAL, 12 13 14 15 16 17 Plaintiff, v. KINGS COUNTY SHERIFF, KINGS COUNTY PROBATION, MAZUKA, Probation Officer at Kings County Probation, Case No.: 1:19-cv-01381-LJO-SKO ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS AND DIRECTING PAYMENT OF INMATE FILING FEE BY THE SHERIFF OF THE KINGS COUNTY JAIL (Doc. 2) Defendants. 18 Plaintiff is a prisoner proceeding pro se pursuant to 42 U.S.C. § 1983 and has requested 19 leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. (Doc. 2.) Plaintiff has made the 20 showing required by § 1915(a) and accordingly, the request to proceed in forma pauperis will be 21 granted. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. 28 U.S.C. 22 § 1915(b)(1). Plaintiff is obligated to make monthly payments in the amount of twenty percent of 23 the preceding month’s income credited to Plaintiff’s trust account. The Sheriff of the Kings County 24 Jail is required to send to the Clerk of Court payments from Plaintiff’s account each time the amount 25 in the account exceeds $10.00, until the statutory filing fee is paid in full. 28 U.S.C. § 1915(b)(2). 26 As to the status of his complaint, Plaintiff is advised that, pursuant to 28 U.S.C. § 27 1915(e)(2), the court must conduct an initial review of every pro se complaint proceeding in forma 28 pauperis to determine whether it is legally sufficient under the applicable pleading standards. The 1 1 court must dismiss a complaint, or portion thereof, if the court determines that the complaint is 2 legally frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks 3 monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2). If the 4 court determines that the complaint fails to state a claim, leave to amend may be granted to the 5 extent that the deficiencies in the complaint can be cured by amendment. Plaintiff’s complaint will 6 be screened in due course. 7 If appropriate after the case has been screened, the Clerk of Court will provide Plaintiff with 8 the requisite forms and instructions to request the assistance of the United States Marshal in serving 9 the defendants pursuant to Federal Rule of Civil Procedure 4. 10 Based on the foregoing and good cause appearing, IT IS HEREBY ORDERED that: 11 1. Plaintiff’s application to proceed in forma pauperis (Doc. 2) is GRANTED. 12 2. The Sheriff of the Kings County Jail or his designee shall collect payments from 13 Plaintiff’s prison trust account in an amount equal to twenty per cent (20%) of the preceding 14 month’s income credited to the prisoner’s trust account, and shall forward those payments 15 to the Clerk of Court each time the amount in the account exceeds $10.00, in accordance with 16 28 U.S.C. § 1915(b)(2), until a total of $350.00 has been collected and forwarded to the Clerk 17 of Court. The payments shall be clearly identified by the name and number assigned to this 18 action. 19 3. The Clerk of Court is directed to serve a copy of this order and a copy of Plaintiff’s 20 in forma pauperis application on the Sheriff of the Kings County Jail, via the court’s electronic case 21 filing system (CM/ECF). 22 23 4. The Clerk of Court is directed to serve a copy of this order on the Financial Department, U.S. District Court, Eastern District of California, Sacramento Division. 24 25 26 27 IT IS SO ORDERED. Dated: October 4, 2019 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 28 2 .

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