Arreola v. Dudley et al

Filing 11

ORDER GRANTING APPLICATION FOR LEAVE TO PROCEED INFORMA PAUPERIS AND DIRECTING COLLECTION OF FILING FEE signed by District Judge J. Michael Seabright on 01/07/2009 GRANTING 5 Application filed by Oscar Arreola. IT IS ORDERED that Plaintiff is oblig ated to pay the statutory filing fee of $350 for this action. Warden of North Fork Correctional Facility shall collect from Plaintiff's prison account monthly payments in an amount equal to 20% of the preceding month's income cred ited to Plaintiff's prison account and shall forward those payments to the Clerk of the Court each time the amount in the account exceeds $10 until a total of $350 has been collected and forwarded to the Clerk of the Court. The Clerk is directed to serve a copy of this order on plaintiff and the Warden of North Fork Correctional Facility. (cc Financial). (Streeter, J)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA OSCAR ARREOLA, ) ) ) Plaintiff, ) ) vs. ) ) G. DUDLEY and CDC, ) ) Defendants. ) ____________________________ ) CIVIL NO. 2:08-00805 JMS ORDER GRANTING APPLICATION FOR LEAVE TO PROCEED IN FORMA PAUPERIS AND DIRECTING COLLECTION OF FILING FEE

ORDER GRANTING APPLICATION FOR LEAVE TO PROCEED IN FORMA PAUPERIS AND DIRECTING COLLECTION OF FILING FEE Plaintiff is a state prisoner proceeding pro se. Plaintiff seeks relief pursuant to 42 U.S.C § 1983 and has requested leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. Plaintiff has submitted a declaration that makes the showing required by 28 U.S.C. § 1915(a). Accordingly,

Plaintiff's request to proceed in forma pauperis is GRANTED. Plaintiff is required to pay the statutory filing fee of $350.00 for this action. 28 U.S.C. §§ 1914(a), 1915(b)(1). When, as

here, Plaintiff has insufficient funds available in his prison trust account, the court does not assess an initial partial filing fee. 28 U.S.C. § 1915(b)(1). Plaintiff is obligated,

however, to make monthly payments of twenty percent of the preceding month's income credited to Plaintiff's prison trust account. These payments shall be collected and forwarded by the

appropriate agency to the Clerk of Court each time the amount in

Plaintiff's account exceeds $10.00, until the filing fee is paid in full. 28 U.S.C. § 1915(b)(2). The court is required to screen complaints brought by prisoners seeking relief against a government entity or officer or employee of a government entity. 28 U.S.C. § 1915A(a). The

court has not yet screened the Complaint to determine whether it sufficiently states a claim and shall proceed in the normal course. After screening, if the court determines that

Plaintiff's Complaint states a claim, the court will issue a written Order and will then instruct the Clerk of Court to send Plaintiff the documents necessary to effect service. CONCLUSION 1. Plaintiff's request for leave to proceed in forma

pauperis is GRANTED. 2. Plaintiff is obligated to pay the statutory filing FRED FIGUEROA, WARDEN NORTH FORK

fee of $350.00 for this action.

CORRECTIONAL FACILITY, or his designee, shall collect from Plaintiff's prison account monthly payments in an amount equal to twenty percent of the preceding month's income credited to Plaintiff's prison account and shall forward those payments to the Clerk of Court 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 Court.

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THE PAYMENTS SHALL BE CLEARLY IDENTIFIED BY THE NAME AND NUMBER ASSIGNED TO THIS ACTION. 3. The Clerk of Court is DIRECTED to serve a copy of

this Order on Plaintiff and on FRED FIGUEROA, WARDEN NORTH FORK CORRECTIONAL FACILITY, 1605 EAST MAIN, SAYRE, OK 73662. 4. The court has not yet screened the Complaint to

determine whether it sufficiently states a claim and shall proceed in the normal course. After screening, if the court

determines that Plaintiff's Complaint states a claim, the court will issue a written Order and will then instruct the Clerk of Court to send Plaintiff the documents necessary to effect service. IT IS SO ORDERED. DATED: Honolulu, Hawaii, January 7, 2009.

/s/_J._Michael_Seabright_____ ___ __ _______ _________ J. Michael Seabright United States District Judge

Arreola v. G. Dudley et al., Civ. No. 2:08-00805 JMS, Order Granting Application for Leave to Proceed In Forma Pauperis and Directing Collection of Filing Fee

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