Ke v. Jones

Filing 5

ORDER Granting In Forma Pauperis Applications. Signed by Judge Edward M. Chen on 12/7/2017. (Attachments: # 1 Certificate/Proof of Service)(emcsec, COURT STAFF) (Filed on 12/7/2017)

Download PDF
1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 In Re 8 HUI LIAN KE, a/k/a LILY KO, Plaintiff. 9 10 12 For the Northern District of California United States District Court 11 13 14 15 16 Case No. 17-cv-04226-EMC Case No. 17-cv-04229-EMC Case No. 17-cv-04564-EMC Case No. 17-cv-04787-EMC Case No. 17-cv-04778-EMC Case No. 17-cv-04825-EMC Case No. 17-cv-04883-EMC Case No. 17-cv-04884-EMC Case No. 17-cv-04885-EMC Case No. 17-cv-04911-EMC Case No. 17-cv-04912-EMC Case No. 17-cv-04913-EMC Case No. 17-cv-04914-EMC Case No. 17-cv-04951-EMC Case No. 17-cv-04954-EMC Case No. 17-cv-05113-EMC Case No. 17-cv-05280-EMC Case No. 17-cv-05666-EMC Case No. 17-cv-05973-EMC ORDER GRANTING IN FORMA PAUPERIS APPLICATIONS 17 18 19 Plaintiff filed these actions while she was incarcerated at the Santa Clara County Jail and 20 applied to proceed in forma pauperis. Although she did not file a completed copy of the Court’s 21 in forma pauperis application form (with certificate of funds) in each action, the Court 22 understands her to request to proceed in forma pauperis in each action and considers the complete 23 application filed at Docket No. 3 in Case No. 17-cv-4884 EMC to apply in every one of these 24 actions. Plaintiff’s in forma pauperis applications are GRANTED.1 Docket Nos. 6 and 10 in 25 1 26 27 28 Some of Plaintiff’s filings marked as in forma pauperis applications also request some other relief. For example, Docket No. 3 in Case No. 17-cv-4564 EMC, is marked as an in forma pauperis “affidavit & order” that states that it prohibits the district judge from acting as a tribunal and gives Plaintiff the exclusive right to close the action. In granting Plaintiff’s in forma pauperis applications, the Court means only that Plaintiff may proceed as a pauper with the payment schedule set out in 28 U.S.C. § 1915(b) and explained on the attached instructions. Any other 1 Case No. 17-cv-4226 EMC; Docket Nos. 7 and 9 in Case No. 17-cv-4229 EMC; Docket No. 3 in 2 Case No. 17-cv-4884 EMC; Docket No. 3 in Case No. 17-cv-4885 EMC; Docket No. 3 in Case 3 No. 17-cv-4911 EMC; Docket Nos. 2 and 5 in Case No. 17-cv-4912 EMC; Docket Nos. 2, 5, and 4 6 in Case No. 17-cv-4913 EMC; Docket No. 4 in Case No. 17-cv-4914; Docket No. 4 in Case No. 5 17-cv-4951 EMC; Docket No. 3 in Case No. 17-cv-4954 EMC; Docket Nos. 2, 4 and 5 in Case 6 No. 17-cv-5113 EMC; Docket No. 2 in Case No. 17-cv-5280 EMC; Docket No. 3 in Case No. 17- 7 cv-5666 EMC; and Docket No. 2 in Case No. 17-cv-5973 EMC. 8 When a prisoner files multiple actions, she owes a filing fee in each action. Thus, the total 9 filing fee due is $350.00 in each of the listed actions. The initial partial filing fee due for Plaintiff prisoner owes monthly installment payments in multiple in forma pauperis actions, 28 U.S.C. § 12 For the Northern District of California in each action at this time is $8.36. See Bruce v. Samuels, 136 S. Ct. 627, 628 (2016) (when a 11 United States District Court 10 1915(b)(2) calls for simultaneous, rather than sequential, recoupment of those payments). 13 14 The Clerk shall send a copy of this order and the attached instructions to Plaintiff, the Jail Trust Account Office, and the Court’s Financial Office. 15 16 IT IS SO ORDERED. 17 18 19 20 Dated: December 7, 2017 ______________________________________ EDWARD M. CHEN United States District Judge 21 22 23 24 25 26 27 28 form of relief requested in the in forma pauperis applications is denied. 2 1 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 2 3 INSTRUCTIONS FOR PAYMENT OF PRISONER'S FILING FEE 4 5 6 7 8 9 10 12 For the Northern District of California United States District Court 11 13 14 15 16 17 18 19 20 21 The prisoner shown as the plaintiff or petitioner on the attached order has filed a civil action in forma pauperis in this court and owes to the court a filing fee. Pursuant to 28 U.S.C. § 1915, the fee is to be paid as follows: The initial partial filing fee listed on the attached order should be deducted by the prison trust account office from the prisoner's trust account and forwarded to the clerk of the court as the first installment payment on the filing fee. This amount is twenty percent of the greater of (a) the average monthly deposits to the prisoner's account for the 6-month period immediately preceding the filing of the complaint/petition or (b) the average monthly balance in the prisoner's account for the 6-month period immediately preceding the filing of the complaint/petition. Thereafter, on a monthly basis, 20 percent of the preceding month's income credited to the prisoner's trust account should be deducted and forwarded to the court each time the amount in the account exceeds ten dollars ($10.00). The prison trust account office should continue to do this until the filing fee has been paid in full. If the prisoner does not have sufficient funds in his/her account to pay the initial partial filing fee, the prison trust account office should forward the available funds, and carry the balance forward each month until the amount is fully paid. If the prisoner has filed more than one complaint, (s)he is required to pay a filing fee for each case. The trust account office should make the monthly calculations and payments for each case in which it receives an order granting in forma pauperis and these instructions. The prisoner's name and case number must be noted on each remittance. The initial partial filing fee is due within thirty days of the date of the attached order. Checks should be made payable to Clerk, U.S. District Court and sent to Prisoner Accounts Receivable, U.S. District Court, 450 Golden Gate Avenue, Box 36060, San Francisco, CA 94102. cc: Plaintiff Finance Office 22 23 24 25 26 27 28 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?