Ponce et al v. Washburn et al

Filing 17

ORDER GRANTING 15 Motion to Proceed IFP ; ORDER DIRECTING Payment of Inmate Filing Fee by California Department of Corrections and Rehabilitation, signed by Magistrate Judge Barbara A. McAuliffe on 1/7/2022. (Attachments: # 1 IFP Motion) (Marrujo, C)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 Plaintiff, 11 12 Case No. 1:21-cv-01291-AWI-BAM RENE LUNA, ORDER GRANTING MOTION TO PROCEED IN FORMA PAUPERIS v. (Doc. 15) OFFICER LOLL; and OFFICER GOMEZ, 13 ORDER DIRECTING PAYMENT OF INMATE FILING FEE BY CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION Defendants. 14 15 16 17 Plaintiff Rene Luna (“Plaintiff”) is a state prisoner proceeding pro se in the instant action 18 against the Kings County Sheriff Department and Officers Loll and Gomez of the Kings County 19 Sheriff’s Department. (Doc. 13.) Currently before the Court are Plaintiff’s motions to proceed in 20 forma pauperis pursuant to 28 U.S.C. § 1915. (Docs. 2, 5.) Plaintiff has made the showing required by § 1915(a) and accordingly, the request to 21 22 proceed in forma pauperis will be granted. Plaintiff is obligated to pay the statutory filing fee of 23 $350.00 for this action. 28 U.S.C. § 1915(b)(1). Plaintiff is obligated to make monthly payments 24 in the amount of twenty percent (20%) of the preceding month’s income credited to Plaintiff’s 25 trust account. The Kings County Jail is required to send to the Clerk of the Court payments from 26 Plaintiff’s trust account each time the amount in the account exceeds $10.00, until the statutory 27 filing fee is paid in full. 28 U.S.C. § 1915(b)(2). 28 /// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. Plaintiff’s application to proceed in forma pauperis is GRANTED; 3 2. The Sheriff of Kings County Jail or his/her designee shall collect payments 4 from Plaintiff’s trust account in an amount equal to twenty percent (20%) of the preceding 5 month’s income credited to Plaintiff’s trust account and shall forward those payments to 6 the Clerk of the Court each time the amount in the account exceeds $10.00, in accordance 7 with 28 U.S.C. § 1915(b)(2), until a total of $350.00 has been collected and forwarded to the 8 Clerk of the Court. The payments shall be clearly identified by the name and number 9 assigned to this action; 10 3. The Clerk of the Court is directed to serve a copy of this order and a copy of 11 Plaintiff’s in forma pauperis application on the Sheriff of Kings County Jail via the Court’s 12 electronic case filing system (CM/ECF); 13 14 15 16 17 18 19 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; and 5. Plaintiff’s first amended complaint will be screened in due course pursuant to 28 U.S.C. §§ 1915A and 1915(e)(2). IT IS SO ORDERED. Dated: /s/ Barbara January 7, 2022 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28 2

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