(PC) Esquivel-Bahena v. Chavez et al

Filing 4

ORDER signed by Magistrate Judge Sheila K. Oberto on 3/10/2025 GRANTING 2 Motion to Proceed IFP. (Attachments: # 1 IFP Application). (Deputy Clerk TEL)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 Plaintiff, 13 v. 14 I. CHAVEZ, et al., 15 1:25-cv-00291-SKO (PC) ALEJANDRO ESQUIVEL-BAHENA, ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS (Document #2) Defendant. and 16 ORDER DIRECTING PAYMENT OF INMATE FILING FEE BY THE FRESNO COUNTY SHERIFF 17 18 19 20 Plaintiff is a county jail inmate proceeding pro se pursuant to 42 U.S.C. § 1983 and has 21 requested leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. Plaintiff has made the 22 showing required by § 1915(a). The request to proceed in forma pauperis will be granted. Plaintiff 23 is obligated to pay the statutory filing fee of $350 for this action. 28 U.S.C. § 1915(b)(1). Plaintiff 24 must make monthly payments in the amount of twenty percent (20%) of the preceding month’s 25 income credited to Plaintiff’s trust account. The Fresno County Sheriff is required to send to the 26 Clerk of the Court payments from Plaintiff’s account each time the amount in the account exceeds 27 $10, until the statutory filing fee is paid in full. 28 U.S.C. § 1915(b)(2). 28 1 1 2 In accordance with the above and good cause appearing, IT IS HEREBY ORDERED that: 3 1. Plaintiff's application to proceed in forma pauperis (Doc. 2) is GRANTED; 4 2. The Fresno County Sheriff or his designee shall collect payments from 5 Plaintiff’s inmate trust account in an amount equal to twenty percent (20%) of the 6 preceding month’s income credited to the inmate’s trust account and shall forward 7 those payments to the Clerk of the Court each time the amount in the account 8 exceeds $10, in accordance with 28 U.S.C. § 1915(b)(2), until a total of $350 has been 9 collected and forwarded to the Clerk of the Court. The payments shall be clearly 10 identified by the name and number assigned to this action. 11 3. The Clerk of the Court is directed to serve a copy of this order and a copy of 12 Plaintiff’s in forma pauperis application on the Fresno County Sheriff located at 1225 M. 13 Street, Fresno, CA 93721. 4. 14 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. 15 16 5. Within sixty (60) days of the date of service of this order, Plaintiff shall submit a 17 certified copy of his inmate trust account statement for the six-month period immediately 18 preceding the filing of the complaint, if Plaintiff has not already done so. 19 IT IS SO ORDERED. 20 21 Dated: /s/ Sheila K. Oberto March 10, 2025 . UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28 2

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