(PC) McGee v. Galager et al

Filing 8

ORDER GRANTING 2 Motion to Proceed IFP signed by Magistrate Judge Helena M. Barch-Kuchta on 06/7/2021. (Attachments: # 1 IFP Application) (Flores, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOHNNY MCGEE, 12 13 14 15 16 Plaintiff, v. No. 1:21-cv-00837-HBK (PC) ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS (Doc. No. 2) GALAGER, et al., Defendants. ORDER DIRECTING PAYMENT OF INMATE FILING FEE BY THE WASCO STATE PRISON WARDEN 17 18 19 20 21 Plaintiff Johnny McGee, a prisoner, initiated this action on May 24, 2021 by filing a pro 22 se civil rights complaint pursuant to 42 U.S.C. § 1983. (Doc. No. 1, Complaint). Plaintiff seeks 23 leave to proceed in forma pauperis on his Complaint and submitted a copy of his prison trust fund 24 statement in support. (Doc. Nos. 2, 7). Plaintiff has made the requisite showing to proceed in 25 forma pauperis under § 1915(a) but remains obligated to pay the statutory filing fee of $350.00 26 for this action. 28 U.S.C. § 1915(b)(1). Plaintiff is compelled to make monthly payments in the 27 amount of twenty percent (20%) of the preceding month’s income credited to Plaintiff’s trust 28 account. 28 U.S.C. § 1915(b)(2). The Wasco State Prison Warden or his designee are required to 1 1 send to the Clerk of the Court payments from Plaintiff’s account each time the amount in the 2 account exceeds $10.00, until the statutory filing fee is paid in full. Id. 3 According, it is ORDERED: 4 1. Plaintiff's application to proceed in forma pauperis (Doc. No. 2) is GRANTED. 5 2. Pursuant to 28 U.S.C. § 1915 (b)(1) the Wasco State Prison Warden or his designee 6 shall collect payments from Plaintiff’s prison trust account in an amount equal to 7 twenty percent (20%) of the preceding month’s income credited to Plaintiff’s trust 8 account and shall forward those payments to the Clerk of the Court each time the 9 amount in the account exceeds $10.00 until a total of $350.00 has been collected and 10 forwarded to the Clerk of the Court. The payments shall be clearly identified by 11 Plaintiff’s name and the case number assigned to this action. 12 3. The Clerk of the Court is directed to serve a copy of this Order and a copy of Plaintiff’s in 13 forma pauperis application (Doc. No. 2) on the Wasco State Prison located at 701 14 Scofield Avenue, Wasco, CA 93280. 15 4. The Clerk of the Court is directed to serve a copy of this Order on the Financial 16 Department, U.S. District Court, Eastern District of California, Sacramento Division. 17 18 IT IS SO ORDERED. 19 Dated: 20 21 June 7, 2021 HELENA M. BARCH-KUCHTA UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28 2

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