Opinion
Case No. 1:11-cv-00753-JLT (PC).
September 12, 2011
Plaintiff is a federal prisoner proceeding pro se with a civil action pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), which provides a civil remedy for violations of civil rights by federal actors. Plaintiff has requested leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. 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 of the preceding month's income credited to Plaintiff's trust account. U.S. Medical Center for Federal Prisoners is required to send to the Clerk of the Court payments from Plaintiff's 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).
In accordance with the above, it is HEREBY ORDERED that:
1. Plaintiff's application to proceed in forma pauperis is GRANTED;
2. The Warden of U.S. Medical Center for Federal Prisoners or his 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 Warden of the U.S. Medical Center for Federal Prisoners at P.O. Box 4000 Springfield, MO 65801.
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.
5. Within thirty (60) days of the date of service of this order, Plaintiff shall submit a certified copy of his/her prison trust account statement for the six-month period immediately preceding the filing of the complaint, if Plaintiff has not already done so.
IT IS SO ORDERED.
Dated: September 11, 2011 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION CASE NUMBER: 11-cv-753. APPLICATION TO PROCEED IN FORMA PAUPERIS BY A PRISONER COTA-HERNANDEZ SOSE
Plaintiff/Petitioner, vs. Defendants/Respondent. I, SOSE COTA-HERNANDEZ, declare that I am the plaintiff in the above-entitled proceeding; that, in support of my request to proceed without prepayment of fees under 28 U.S.C. section 1915, I declare that I am unable to pay the fees for these proceedings or give security therefor and that I am entitled to the relief sought in the complaint.In support of this application, 1 answer the following questions under penalty of perjury:X If "no" DO NOT USE THIS FORM) MEDICAL CENTER FOR FEDERAL PRISONERS X 012 per/hous X X X X X X
1. Are you currently incarcerated? Yes ___ No ( State the place of your incarceration. 2. Are you currently employed (includes prison employment)? Yes ___ No a. If the answer is "yes" state the amount of your pay. b. If the answer is "no" state the date of your last employment, the amount of your take-home salary or wages and pay period, and the name and address of your last employer. 3. Have you received any money from the following sources over the last twelve months? a. Business, profession, or other self-employment: ___ Yes No b. Rent payments, interest or dividends: ___ Yes No c. Pensions, annuities or life insurance payments: ___ Yes No d. Disability or workers compensation payments: ___ Yes No e. Gifts or inheritances: ___ Yes No f. Any other sources: ___ Yes No If the answer to any of the above is "yes," describe by that item each source of money. Also state the amount received and what you expect you will continue to receive (attach an additional sheet if necessary).X X X 4. Do you have cash (includes balance of checking or savings accounts)? ___ Yes No If "yes" state the total amount: ________________ 5. Do you own any real estate, stocks, bonds, securities, other financial instruments, automobiles or other valuable property? ___ Yes No If "yes" describe the property and state its value: _____________________ 6. Do you have any other assets? ___ Yes No If "yes," list the asset(s) and state the value of each asset listed: 7. List all persons dependent on you for support, stating your relationship to each person listed and how much you contribute to their support. IMPORTANT : This form must be dated and signed below in order for the court to consider your application.I hereby authorize the agency having custody of me to collect from my trust account and forward to the Clerk of the United States District Court payments in accordance with 28 U.S.C. section 1915(b)(2).05/17/11 SOSE COTA NOTE:
DATE SIGNATURE OF APPLICANT Within sixty days from the date of this application you must forward to the court a certified copy of your prison trust account statement showing transactions for the past six months. Inmate Statement Alpha Transaction Encumbranee Code Date/Time Reference# Payment# Rcceint# Transaction Type Amount Amount Ending Balance Total Transactions: 9 Totals: ($0.19) $0.00 Current Balances Available Pre-Relense Debt SPO Other Outstanding Administrative Account Alpha Code Balance Balance Encumbrance Encumbrance Encumbrance Instruments Holds Balance Other Balances National 6 Nationanl 6 Local Max Commissary Commissary National 6 Months Months Avg Balance — Prev 30 Average Balance Resiriction Start Resriction End Months Deposits Withdrawals Daily Balance Days — Prey 30 Days Date Date Inmate Reg #: 41119208 Current Institution: Springfield MCFP Inmate Name: COTA-HERNADEZ.. JOSE Housing Unit: SPG-S-A Report Date: 05/20/2011 Living Quarters: S03-0831. Report Time: 12:06:21 PM SPG 5/18/2011 TFN0518 Phone Withdrawal ($11.00) $0.42 7:07:40 PM SPG 5/18/2011 107 Sales ($6.35) $11.42 6:25:51 PM SPG 5/11/2011 104 Sales ($9.20) $17.77 6:47:46 PM SPG 5/9/2011 KIPP0411 Payroll — IPP $24.00 $26.97 11:01:23 AM SPG 4/13/2011 120 Sales ($13.25) $2.97 6:58:51 PM SPG 4/7/2011 KIPP0311 Payroll — IPP $15.84 $16.22 3:02:57 PM SPG 3/23/2011 TFN0323 Phone Withdrawal ($1.00) $0.38 7:30:15 PM SPG 3/23/2011 113 Sales ($5.95) $1.38 7:06:19 PM SPG 3/4/2011 KIPP0211 Payroll — IPP $6.72 $7.33 2:30:41 PM 1 SPG $0.42 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.42 Totals: $0.42 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.42 $46.56 $46.75 $3.11 $26.97 $8.02 N/A N/A