Opinion
1:23-cv-01595-HBK (PC)
11-13-2023
JOSE MIGUEL RIOS, Plaintiff, v. ORTIZ, et al, Defendants.
ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS
(DOC. NO. 2)
ORDER DIRECTING PAYMENT OF INMATE FILING FEE BY THE FRESNO COUNTY SHERIFF
HELENA M. BARCH-KUCHTA, UNITED STATES MAGISTRATE JUDGE
Plaintiff, a prisoner, initiated this action on November 13, 2023, by filing a pro s e civil rights complaint pursuant to 42 U.S.C. § 1983. (Doc. No. 1, Complaint). Plaintiff seeks leave to proceed in forma pauperis on his Complaint and submitted a copy of his prison trust fund statement and/or certification from prison officials in support. (Doc. No. 2). Plaintiff has made the showing required by § 1915(a) to proceed in forma pauperis but remains obligated to pay the full $350.00 statutory filing fees as set forth in 28 U.S.C. § 1915. Pursuant to § 1915(b)(1)(A), Plaintiff is obligated to make an initial payment of $15.35 (20% of the average 6-month balance in the prisoner's account). Thereafter, Plaintiff must make monthly payments of 20% of the preceding month's income credited to his trust account. The Fresno County Sheriff is required to send the initial $15.35 payment to the Clerk of the Court and subsequent payments from Plaintiff's account each time the amount in her account exceeds $10.00, until the $350.00 statutory filing fee is paid in full. 28 U.S.C. § 1915(b)(2).
The statute requires an initial filing fee of 20% of the greater of the six-months average monthly deposits or average monthly balance. 28 U.S.C. § 1915(b)(1)(A), (B). Plaintiff had an average balance of $76.75 in his inmate trust fund account over the relevant period.
ACCORDINGLY, it is ORDERED:
1. Plaintiff's motion to proceed in forma pauperis (Doc. No. 2) is GRANTED.
2. The Fresno County Sheriff or his designee shall forward an initial payment of $15.35 to the Clerk of the Court from Plaintiff's prison trust account in accordance with 28 U.S.C. § 1915(b)(1)(B) and shall make future monthly payments in an amount equal to twenty percent (20%) of the preceding month's income credited to the Plaintiff's trust account 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 Fresno County Sheriff located at P.O. Box 872, Fresno, CA 93712.
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, Sacramento Division.