Barber v. Reyna

Full title: JAMES EUGENE BARBER, Plaintiff, v. REYNA, Defendant.

Court: United States District Court, Eastern District of California

Date published: Jan 6, 2023

1:22-cv-01594-BAM (PC) (E.D. Cal. Jan. 6, 2023)

Opinion

1:22-cv-01594-BAM (PC)

01-06-2023

JAMES EUGENE BARBER, Plaintiff, v. REYNA, Defendant.

BARBARA A. MCAULIFFE, UNITED STATES MAGISTRATE JUDGE

ORDER GRANTING MOTION TO PROCEED IN FORMA PAUPERIS

(ECF No. 7)

ORDER DIRECTING PAYMENT OF INMATE FILING FEE BY CALIFORNIA DEPARTMENT OF CORRECTIONS

BARBARA A. MCAULIFFE, UNITED STATES MAGISTRATE JUDGE

Plaintiff James Eugene Barber (“Plaintiff”) is a state prisoner proceeding pro se in this civil action pursuant to 42 U.S.C. § 1983. Plaintiff filed a motion to proceed in forma pauperis on December 23, 2022, and a certified copy of his prisoner trust fund account statement on December 28, 2022. (ECF Nos. 7, 9.)

Plaintiff has made the showing required by § 1915(a) and accordingly, the request to proceed in forma pauperis will be granted. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. 28 U.S.C. § 1915(b)(1). Plaintiff is obligated to make monthly payments in the amount of twenty percent (20%) of the preceding month's income credited to Plaintiff's trust account. The California Department of Corrections is required to send to the Clerk of the Court payments from Plaintiff's trust account each time the amount in the account exceeds $10.00, until the statutory filing fee is paid in full. 28 U.S.C. § 1915(b)(2).

Accordingly, IT IS HEREBY ORDERED that:

1. Plaintiffs application to proceed in forma pauperis, (ECF No. 7), is GRANTED;

2. The Director of the California Department of Corrections or his/her designee shall collect payments from Plaintiff's prison trust account in an amount equal to twenty per cent (20%) of the preceding month's income credited to the prisoner's trust account and shall forward those payments to the Clerk of the 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 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 Director of the California Department of Corrections, via the court's electronic case filing system (CM/ECF); and

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.

IT IS SO ORDERED.