(PC) Bierman v. Kern County Sheriff Detention Facility Medical Administration
ORDER GRANTING 8 Motion to Proceed IFP; ORDER DENYING AS MOOT 11 Motion to Proceed IFP; ORDER DIRECTING PAYMENT of Inmate Filing Fee by the Kern County Sheriff, signed by Magistrate Judge Helena M. Barch-Kuchta on 02/12/2021. (Attachments: # 1 IFP Application) (Martin-Gill, S)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
1:20-cv-01777 HBK (PC)
ORDER GRANTING APPLICATION TO
PROCEED IN FORMA PAUPERIS
(Doc. No. 8)
KERN COUNTY SHERIFF DETENTION
ORDER DENYING AS MOOT DUPLICATE
APPLICATION TO PROCEED IN FORMA
(Doc. No. 11)
ORDER DIRECTING PAYMENT
OF INMATE FILING FEE BY THE
KERN COUNTY SHERIFF
Plaintiff, a prisoner, initiated this action on December 17, 2020, by filing a pro se civil rights
complaint pursuant to 42 U.S.C. § 1983. (Doc. No. 1, Complaint). Plaintiff seeks leave to proceed
in forma pauperis on his Complaint and submitted a copy of his prison trust fund statement in
support. (Doc. Nos. 8, 10).1 Plaintiff has made the showing required by § 1915(a) to proceed in
forma pauperis but remains obligated to pay the statutory filing fee of $402.00 for this action. 28
U.S.C. § 1915(b)(1). Plaintiff is obligated to make monthly payments in the amount of twenty
Plaintiff filed a duplicate application to proceed in forma pauperis on February 12, 2021. (Doc.
No. 11). Because the Court is granting Plaintiff’s earlier filed application, the Court will deny
the later filed application as moot.
percent (20%) of the preceding month’s income credited to Plaintiff’s trust account. 28 U.S.C. §
1915(b)(2). The Kern County Sheriff is required to send to the Clerk of the 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. Id.
According, it is now ORDERED:
1. Plaintiff's application to proceed in forma pauperis (Doc. No. 8) is GRANTED.
2. Pursuant to 28 U.S.C. § 1915 (b)(1)The Kern County Sheriff or his designee shall
collect payments from Plaintiff’s prison trust account in an amount equal to twenty
percent (20%) of the preceding month’s income credited to the prisoner’s trust
account and shall forward those payments to the Clerk of the Court each time the
amount in the account exceeds $10.00 until a total of $402.00 has been collected and
forwarded to the Clerk of the Court. The payments shall be clearly identified by
Plaintiff’s name and the case number assigned to this action.
3. The Clerk of the Court is directed to serve a copy of this Order and a copy of Plaintiff’s in
forma pauperis application (Doc. No. 8) on the Kern County Sheriff located at 1415 Truxtun
Avenue, Bakersfield, CA 93301.
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, Sacramento Division.
5. Plaintiff’s duplicate Plaintiff's application to proceed in forma pauperis (Doc. No. 11) is
DENIED as moot.
IT IS SO ORDERED.
February 12, 2021
HELENA M. BARCH-KUCHTA
UNITED STATES MAGISTRATE JUDGE
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