(PC) Bullette v. Warden
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)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
Case No. 1:21-cv-01519-HBK
ORDER GRANTING APPLICATION TO
PROCEED IN FORMA PAUPERIS
(Doc. No. 5)
ORDER DIRECTING PAYMENT
OF INMATE FILING FEE BY THE
CALIFORNIA DEPARTMENT OF
Plaintiff, a prisoner, initiated this action on October 14, 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 her Complaint and submitted a copy of her prison trust fund
statement and a Certification from prison officials in support. (Doc. No. 5). Plaintiff has made
the showing required by § 1915(a) to proceed in forma pauperis but remains obligated to pay the
statutory filing fees as set forth in 28 U.S.C. § 1915. Plaintiff is obligated to make an initial
payment of $123.691 (20% of the average 6-month balance immediately preceding the filing
of the complaint). Id., § 1915(b)(1)(B). Thereafter, Plaintiff is required to make monthly
payments of 20% of the preceding month’s income credited to her trust account. The California
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).
Department of Corrections is required to send the initial $123.69 payment to the Clerk of the
Court and subsequent payments from Plaintiff’s account each time the amount in her account
exceeds $10.00, until the statutory filing fee is paid in full. 28 U.S.C. § 1915(b)(2).
ACCORDINGLY, it is ORDERED:
1. Plaintiff's motion to proceed in forma pauperis (Doc. No. 5) is GRANTED.
2. The Secretary of the California Department of Corrections, or his designee shall
forward an initial payment of $123.69 to the Clerk of the Court from Plaintiff’s prison trust
account in accordance with 28 U.S.C. § 1915(b)(1)(B) and shall make future monthly
payments in an amount equal to twenty percent (20%) of the preceding month’s income
credited to the Plaintiff’s trust account each time the amount in the account exceeds $10.00,
in accordance with 28 U.S.C. § 1915(b)(2), until a total of $350.00 has been collected and
forwarded to the Clerk of the Court. The payments shall be clearly identified by the name and
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 on the Secretary of the California Department of Corrections, via
the court’s electronic case filing system (CM/ECF).
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.
November 17, 2021
HELENA M. BARCH-KUCHTA
UNITED STATES MAGISTRATE JUDGE
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