(PC) Brownlee v. Baughman et al

Filing 5

ORDER signed by Magistrate Judge Dennis M. Cota on 10/3/2019 GRANTING 2 Motion to Proceed IFP and DIRECTING MONTHLY PAYMENTS be made from Prison Account of Benjamin Justin Brownlee. Plaintiff to pay the statutory filing fee of $350. The custodial agency shall collect an initial partial filing fee and monthly payments in accordance with this order until the filing fee of $350 is paid in full. (cc: CDCR and Financial Department) (Henshaw, R)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BENJAMIN JUSTIN BROWNLEE, 12 No. 2:19-CV-1987-DMC-P Plaintiff, 13 v. ORDER 14 DAVID BAUGHMAN, et al., 15 Defendants. 16 17 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 18 42 U.S.C. § 1983. Pending before the court is plaintiff’s motion for leave to proceed in forma 19 pauperis (ECF No. 2). Plaintiff has submitted a declaration that makes the showing required by 20 28 U.S.C. § 1915(a). The request to proceed in forma pauperis will, therefore, be granted. 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 1 1 To: The California Department of Corrections and Rehabilitation 1515 S Street, Sacramento, California 95814: 2 Plaintiff is obligated to pay the full statutory filing fee of $350.00 for this action. 3 4 In addition to any initial partial filing fee required to be assessed, plaintiff will be obligated to 5 make monthly payments in the amount of twenty percent of the preceding month’s income 6 credited to plaintiff’s inmate trust account. The agency referenced above is required to send to 7 the Clerk of the Court the initial partial filing fee and thereafter payments from plaintiff’s inmate 8 trust account each time the amount in the account exceeds $10.00, until the statutory filing fee of 9 $350.00 is paid in full. See 28 U.S.C. § 1915(b)(2). 10 Accordingly, IT IS HEREBY ORDERED that: 11 1. Plaintiff’s motion for leave to proceed in forma pauperis (ECF No. 2) is 2. Plaintiff is required to pay the full statutory filing fee of $350.00 for this 12 granted; 13 14 action pursuant to 28 U.S.C. §§ 1914(a) and 1915(b)(1); 3. 15 The director of the agency referenced above, or a designee, shall collect 16 from plaintiff’s inmate trust account an initial partial filing fee in accordance with the provisions 17 of 28 U.S.C. § 1915(b)(1) and shall forward the amount to the Clerk of the Court, such payment 18 to be clearly identified by the name and number assigned to this action; 4. 19 Thereafter, the director of the agency referenced above, or a designee, shall 20 collect from plaintiff's inmate trust account the balance of the filing fee by collecting monthly 21 payments from plaintiff's inmate trust account in an amount equal to twenty percent (20%) of the 22 preceding month's income credited to plaintiff’s inmate trust account and forwarding payments to 23 the Clerk of the Court each time the amount in the account exceeds $10.00 in accordance with 28 24 U.S.C. § 1915(b)(2), until the $350.00 filing fee for this action has been paid in full, such 25 payments to be clearly identified by the name and number assigned to this action; 5. 26 The Clerk of the Court is directed to serve a copy of this order and a copy 27 of plaintiff's signed in forma pauperis affidavit to the address shown above; and 28 /// 2 1 2 6. The Clerk of the Court is further directed to serve a copy of this order on the Financial Department of the court. 3 4 5 Dated: October 3, 2019 ____________________________________ DENNIS M. COTA UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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