(PC) McGee v. Galager et al
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)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
No. 1:21-cv-00837-HBK (PC)
ORDER GRANTING APPLICATION TO
PROCEED IN FORMA PAUPERIS
(Doc. No. 2)
GALAGER, et al.,
ORDER DIRECTING PAYMENT
OF INMATE FILING FEE BY THE
WASCO STATE PRISON WARDEN
Plaintiff Johnny McGee, a prisoner, initiated this action on May 24, 2021 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. 2, 7). Plaintiff has made the requisite showing to proceed in
forma pauperis under § 1915(a) but remains obligated to pay the statutory filing fee of $350.00
for this action. 28 U.S.C. § 1915(b)(1). Plaintiff is compelled to make monthly payments in the
amount of twenty percent (20%) of the preceding month’s income credited to Plaintiff’s trust
account. 28 U.S.C. § 1915(b)(2). The Wasco State Prison Warden or his designee are 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 ORDERED:
1. Plaintiff's application to proceed in forma pauperis (Doc. No. 2) is GRANTED.
2. Pursuant to 28 U.S.C. § 1915 (b)(1) the Wasco State Prison Warden 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 Plaintiff’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 $350.00 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. 2) on the Wasco State Prison located at 701
Scofield Avenue, Wasco, CA 93280.
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.
IT IS SO ORDERED.
June 7, 2021
HELENA M. BARCH-KUCHTA
UNITED STATES MAGISTRATE JUDGE
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