Leal v. Kings County Sheriff et al
ORDER GRANTING #2 Motion to Proceed IFP signed by Magistrate Judge Sheila K. Oberto on 10/4/2019. (Attachments: #1 IFP Application). (Lundstrom, T)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
JOSE REYMUNDO LEAL,
KINGS COUNTY SHERIFF, KINGS
COUNTY PROBATION, MAZUKA,
Probation Officer at Kings County
Case No.: 1:19-cv-01381-LJO-SKO
ORDER GRANTING APPLICATION TO
PROCEED IN FORMA PAUPERIS AND
OF INMATE FILING FEE BY THE SHERIFF
OF THE KINGS COUNTY JAIL
Plaintiff is a prisoner proceeding pro se pursuant to 42 U.S.C. § 1983 and has requested
leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. (Doc. 2.) Plaintiff has made the
showing required by § 1915(a) and accordingly, the request to proceed in forma pauperis will be
granted. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. 28 U.S.C.
§ 1915(b)(1). Plaintiff is obligated to make monthly payments in the amount of twenty percent of
the preceding month’s income credited to Plaintiff’s trust account. The Sheriff of the Kings County
Jail is required to send to the Clerk of Court payments from Plaintiff’s account each time the amount
in the account exceeds $10.00, until the statutory filing fee is paid in full. 28 U.S.C. § 1915(b)(2).
As to the status of his complaint, Plaintiff is advised that, pursuant to 28 U.S.C. §
1915(e)(2), the court must conduct an initial review of every pro se complaint proceeding in forma
pauperis to determine whether it is legally sufficient under the applicable pleading standards. The
court must dismiss a complaint, or portion thereof, if the court determines that the complaint is
legally frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks
monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2). If the
court determines that the complaint fails to state a claim, leave to amend may be granted to the
extent that the deficiencies in the complaint can be cured by amendment. Plaintiff’s complaint will
be screened in due course.
If appropriate after the case has been screened, the Clerk of Court will provide Plaintiff with
the requisite forms and instructions to request the assistance of the United States Marshal in serving
the defendants pursuant to Federal Rule of Civil Procedure 4.
Based on the foregoing and good cause appearing, IT IS HEREBY ORDERED that:
Plaintiff’s application to proceed in forma pauperis (Doc. 2) is GRANTED.
The Sheriff of the Kings County Jail or his designee shall collect payments from
Plaintiff’s prison trust account in an amount equal to twenty per cent (20%) of the preceding
month’s income credited to the prisoner’s trust account, and shall forward those payments
to the Clerk of Court each time the amount in the account exceeds $10.00, in accordance with
28 U.S.C. § 1915(b)(2), until a total of $350.00 has been collected and forwarded to the Clerk
of Court. The payments shall be clearly identified by the name and number assigned to this
The Clerk of Court is directed to serve a copy of this order and a copy of Plaintiff’s
in forma pauperis application on the Sheriff of the Kings County Jail, via the court’s electronic case
filing system (CM/ECF).
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.
IT IS SO ORDERED.
October 4, 2019
Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
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