Su v. Hume

Full title: JULIE SU, California State Labor Commissioner, Division of Labor Standards…

Court: United States District Court, Ninth Circuit, California, E.D. California

Date published: Jan 16, 2015

1:14-cv-1917-GSA (E.D. Cal. Jan. 16, 2015)

Opinion

JULIE SU, California State Labor Commissioner, Division of Labor Standards Enforcement, Department of Industrial Relations, State of California, on behalf of the People of the State of California, Plaintiff, v. DAVID HUME, et al., Defendants. No. 1:14-cv-1917-GSA United States District Court, Eastern District of California January 16, 2015

          ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS ORDER DIRECTING PAYMENT OF INMATE FILING FEE BY FCC, LOMPOC

          GARY S. AUSTIN UNITED STATES MAGISTRATE JUDGE

         Defendant David Hume ("Defendant"), proceeding pro se, seeks to remove this action from Fresno County Superior Court to this Court. (Doc. 1). Defendant is a prisoner incarcerated at the Federal Correctional Center, Lompoc, and has requested leave to proceed to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. (Doc. 3). He has made the showing required by § 1915(a). Accordingly, the request to proceed in forma pauperis is granted. Defendant remains obligated to pay the statutory filing fee of $350.00 applicable to this action. 28 U.S.C. § 1915(b)(1). He is required to make monthly payments in the amount of twenty percent (20%) of the preceding month's income credited to his prison trust account. The Federal Correctional Center, Lompoc, is required to send to the Clerk of the Court, monthly payments from Defendant's trust account when the amount in the account exceeds $10.00, until the statutory filing fee is paid in full. 28 U.S.C. § 1915(b)(2).

         In accordance with the above and good cause appearing therefore, IT IS HEREBY ORDERED that:

         1. Defendant's application to proceed in forma pauperis is GRANTED.

         2. The Warden of FCC, Lompoc or his designee shall collect payments from plaintiffs 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 Defendant's in forma pauperis application on the Warden of FCC, Lompoc, via the Court's electronic case filing system (CM/ECF).

         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, Fresno Division.

         IT IS SO ORDERED.