(PC) Bullette v. Warden

Filing 6

ORDER GRANTING 5 Application to Proceed In Forma Pauperis; ORDER DIRECTING Payment of Inmate Filing Fee by the California Department of Corrections, signed by Magistrate Judge Helena M. Barch-Kuchta on 11/17/2021. (Attachments: # 1 IFP Application) (Rivera, O)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SONYA BULLETTE, 12 Plaintiff, 13 Case No. 1:21-cv-01519-HBK ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS v. (Doc. No. 5) 14 WARDEN, 15 Defendant. 16 ORDER DIRECTING PAYMENT OF INMATE FILING FEE BY THE CALIFORNIA DEPARTMENT OF CORRECTIONS 17 Plaintiff, a prisoner, initiated this action on October 14, 2021, by filing a pro se civil rights 18 19 complaint pursuant to 42 U.S.C. § 1983. (Doc. No. 1, Complaint). Plaintiff seeks leave to 20 proceed in forma pauperis on her Complaint and submitted a copy of her prison trust fund 21 statement and a Certification from prison officials in support. (Doc. No. 5). Plaintiff has made 22 the showing required by § 1915(a) to proceed in forma pauperis but remains obligated to pay the 23 statutory filing fees as set forth in 28 U.S.C. § 1915. Plaintiff is obligated to make an initial 24 payment of $123.691 (20% of the average 6-month balance immediately preceding the filing 25 of the complaint). Id., § 1915(b)(1)(B). Thereafter, Plaintiff is required to make monthly 26 payments of 20% of the preceding month’s income credited to her trust account. The California 27 28 1 According to the Certification, Plaintiff’s average monthly balance for the 6-month preceding the filing of the Complaint was $618.46. (Doc. No. 5 at 2). 1 Department of Corrections is required to send the initial $123.69 payment to the Clerk of the 2 Court and subsequent payments from Plaintiff’s account each time the amount in her account 3 exceeds $10.00, until the statutory filing fee is paid in full. 28 U.S.C. § 1915(b)(2). 4 ACCORDINGLY, it is ORDERED: 5 1. Plaintiff's motion to proceed in forma pauperis (Doc. No. 5) is GRANTED. 6 2. The Secretary of the California Department of Corrections, or his designee shall 7 forward an initial payment of $123.69 to the Clerk of the Court from Plaintiff’s prison trust 8 account in accordance with 28 U.S.C. § 1915(b)(1)(B) and shall make future monthly 9 payments in an amount equal to twenty percent (20%) of the preceding month’s income 10 credited to the Plaintiff’s trust account each time the amount in the account exceeds $10.00, 11 in accordance with 28 U.S.C. § 1915(b)(2), until a total of $350.00 has been collected and 12 forwarded to the Clerk of the Court. The payments shall be clearly identified by the name and 13 number assigned to this action. 14 3. The Clerk of the Court is directed to serve a copy of this order and a copy of Plaintiff’s 15 in forma pauperis application on the Secretary of the California Department of Corrections, via 16 the court’s electronic case filing system (CM/ECF). 17 18 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. 19 20 21 Dated: November 17, 2021 HELENA M. BARCH-KUCHTA UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28 2

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