Gomez v. Kings County Sherrif Department et al

Filing 5

ORDER GRANTING #2 , #4 Motion to Proceed In Forma Pauperis; ORDER Directing Payment of Inmate Filing Fee by Kings County Jail, signed by Magistrate Judge Barbara A. McAuliffe on 08/17/2021. (Attachments: #1 IFP Motion, #2 IFP Motion)(Maldonado, C)

Case 1:21-cv-01170-NONE-BAM Document 5 Filed 08/17/21 Page 1 of 2
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JESSE I. GOMEZ,

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Plaintiff,
v.
KINGS COUNTY SHERIFF
DEPARTMENT, et al.,

Case No. 1:21-cv-01170-NONE-BAM
ORDER GRANTING MOTIONS TO
PROCEED IN FORMA PAUPERIS
(Docs. 2, 4)
ORDER DIRECTING PAYMENT OF
INMATE FILING FEE BY KINGS COUNTY
JAIL

Defendants.

Plaintiff Jesse I. Gomez (“Plaintiff”) is a county jail inmate proceeding pro se in this civil

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rights action under 42 U.S.C. § 1983.
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On August 2, 2021, Plaintiff filed a motion to proceed in forma pauperis pursuant to 28
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U.S.C. § 1915. (Doc. 2.) On August 16, 2021, as directed by the Court, Plaintiff filed a statement
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of his inmate account at the Kings County Jail. (Doc. 4.) Taken together, Plaintiff has made the
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showing required by § 1915(a) and accordingly, and the request to proceed in forma pauperis will
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be granted. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. 28 U.S.C.
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§ 1915(b)(1). Plaintiff is obligated to make monthly payments in the amount of twenty percent
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(20%) of the preceding month’s income credited to Plaintiff’s trust account. Kings County Jail is
required to send to the Clerk of the Court payments from Plaintiff’s trust account each time the

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amount in the account exceeds $10.00, until the statutory filing fee is paid in full. 28 U.S.C.
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Case 1:21-cv-01170-NONE-BAM Document 5 Filed 08/17/21 Page 2 of 2
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§ 1915(b)(2).
Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff's application to proceed in forma pauperis, (Docs. 2, 4), is GRANTED;

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2. The Sheriff of Kings County Jail or his or her designee shall collect payments

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from Plaintiff’s prison trust account in an amount equal to twenty per cent (20%) of

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the preceding month’s income credited to the prisoner’s trust account and shall

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forward those payments to the Clerk of the Court each time the amount in the account

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exceeds $10.00, in accordance with 28 U.S.C. § 1915(b)(2), until a total of $350.00 has

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been collected and forwarded to the Clerk of the Court. The payments shall be clearly

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identified by the name and number assigned to this action;

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3. The Clerk of the Court is directed to serve a copy of this order and a copy of

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Plaintiff’s in forma pauperis application on the Sheriff of the Kings County Jail, via the

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Court’s electronic case filing system (CM/ECF); and

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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.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

August 17, 2021

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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