Opinion
1:21-cv-01769-HBK
12-15-2021
AARON DAVIS, Plaintiff, v. CALIFORNIA DEP'T OF CORRECTIONS, ET AL., Defendants.
ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS (DOC. NO. 3)
ORDER DIRECTING PAYMENT OF INMATE FILING FEE BY THE CALIFORNIA DEPARTMENT OF CORRECTIONS AND ASSESSING INITIAL PAYMENT OF $47.57
HELENA M. BARCH-KUCHTA UNITED STATES MAGISTRATE JUDGE
Plaintiff, a prisoner, initiated this action, by filing a pro se civil rights complaint pursuant to 42 U.S.C. § 1983. (Doc. No. 7, Complaint). Plaintiff seeks leave to proceed in forma pauperis on his Complaint and submitted a copy of his prison trust fund statement and a Certification from prison officials in support. (Doc. Nos. 3, 6). Plaintiff has made the showing required by § 1915(a) to proceed in forma pauperis but remains obligated to pay the statutory filing fees as set forth in 28 U.S.C. § 1915. Plaintiff is obligated to make an initial payment of $47.57 (20% of the average 6-month balance immediately preceding the filing of the complaint). Id., § 1915(b)(1)(B). Thereafter, Plaintiff is required to make monthly payments of 20% of the preceding month's income credited to her trust account. The California Department of Corrections is required to send the initial $47.57 payment to the Clerk of the Court and subsequent payments from Plaintiffs account each time the amount in his account exceeds $10.00, until the statutory filing fee is paid in full. 28 U.S.C. § 1915(b)(2).
According to Plaintiff's Inmate Statement Report, Plaintiff had deposits totaling $1427.18 over the relevant 6-month period. (Doc. No. 6).
ACCORDINGLY, it is ORDERED:
1. Plaintiffs motion to proceed in forma pauperis (Doc. No. 3) is GRANTED.
2 The Secretary of the California Department of Corrections, or his designee shall forward an initial payment of $47.57 to the Clerk of the Court from Plaintiffs 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 Plaintiffs 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 Secretary of the California Department of Corrections, 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.