Opinion
Case No. 1:11-cv-00396 MJS (PC).
April 15, 2011
Plaintiff is a federal prisoner proceeding pro se pursuant to 403 U.S. 388 (1971) and 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. The Federal Correctional Institution (FCI) — McKean 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 and good cause appearing therefore, it is hereby ORDERED that:
1. Plaintiff's application to proceed in forma pauperis is GRANTED;
2. The Warden of Federal Correctional Institution (FCI) — McKean 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 the Warden of the Federal Correctional Institution (FCI) — McKean.
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.
Dated: April 15, 2011
APPLICATION TO PROCEED IN FORMA PAUPERIS BY A PRISONER
I, VICTOR G. DELGADILLO , 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, I answer the following questions under penalty of perjury:
xx (If "no" DO NOT USE THIS FORM) FCI McKean, Pennsylvania xx $5.00 Monthly xx xx xx xx xx xx xx
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). Family members. In the small sum of $25, 50, to 60 dollars. The same amount I expect to receive variable. xx xxx xx xx My daugther(s) and sons. Small amount as I receive from other family members. IMPORTANT: This form must be dated and signed below in order for the court to consider your application. 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. 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).3/22/2011 ___________________ 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 Inmate Reg #: Current Institution: Inmate Name: Housing Unit: Report Date: Living Quarters: Report Time: Alpha Transaction Encumbrance Code Date/Time Reference# Payment# Receipt# Transaction Type Amount Amount Ending Balance Total Transactions: 37 Totals: ($9.85) $0.00 Current Balances Account Available Pre-Release Debt SPO Other Outstanding Administrative Alpha Code Balance Balance Encumbrance Encumbrance Encumbrance Instruments Holds Balance Totals: Other Balances National 6 National 6 Local Max Commissary Commissary National 6 Months Months Avg Balance — Prev 30 Average Balance Restriction Start Restriction End Months Deposits Withdrawals Daily Balance Days — Prev 30 Days Date Date 40763051 McKean FCI DELGADILLO-GALLEGOS, VICTOR MCK-B-A 03/22/2011 B02-223L 11:08:32 AM MCK 3/14/2011 TFN0314 Phone Withdrawal ($2.00) $0.76 7:24:46 PM MCK 3/11/2011 KJV0032 Photo Copies ($3.00) $2.76 1:23:11 PM MCK 3/4/2011 KFRP0311 FRP Quarterly Pymt $0.00 $5.76 11:43:43 AM MCK 3/4/2011 KIPP0211 Payroll — IPP $5.25 $5.76 11:41:57 AM MCK 2/28/2011 TFN0228 Phone Withdrawal ($5.00) $0.51 6:41:30 PM MCK 2/22/2011 52 Sales ($13.55) $5.51 10:30:01 AM MCK 2/18/2011 TFN0218 Phone Withdrawal ($5.00) $19.06 1:19:05 PM MCK 2/8/2011 TFN0208 Phone Withdrawal ($5.00) $24.06 7:19:06 PM MCK 2/4/2011 KIPP0111 Payroll — IPP $28.20 $29.06 9:43:01 AM MCK 1/30/2011 TFN0130 Phone Withdrawal ($5.00) $0.86 6:01:13 PM MCK 1/21/2011 TFN0121 Phone Withdrawal ($5.00) $5.86 4:38:09 PM MCK 1/15/2011 TFN0115 Phone Withdrawal ($5.00) $10.86 7:16:53 PM MCK 1/10/2011 67 Sales ($5.00) $15.86 10:43:09 AM MCK 1/9/2011 TFN0109 Phone Withdrawal ($8.00) $20.86 7:53:18 PM MCK 1/7/2011 KIPP1210 Payroll — IPP $28.20 $28.86 10:48:41 AM MCK 12/17/2010 TFN1217 Phone Withdrawal ($8.00) $0.66 6:22:47 PM MCK 12/12/2010 TFN1212 Phone Withdrawal ($5.00) $8.66 3:20:15 PM MCK 12/10/2010 KFRP1210 FRP Quarterly Pymt ($25.00) $13.66 10:41:22 AM MCK 12/10/2010 KIPP1110 Payroll — IPP $28.20 $38.66 10:40:41 AM MCK 12/5/2010 TFN1205 Phone Withdrawal ($9.00) $10.46 9:35:06 AM MCK 11/29/2010 TFN1129 Phone Withdrawal ($4.00) $19.46 8:28:16 PM MCK 11/28/2010 TFN1128 Phone Withdrawal ($5.00) $23.46 7:41:21 PM MCK 11/28/2010 TFN1128 Phone Withdrawal ($5.00) $28.46 12:06:34 PM MCK 11/5/2010 KIPP1010 Payroll — IPP $28.20 $33.46 9:17:44 AM MCK 10/31/2010 TFN1031 Phone Withdrawal ($5.00) $5.26 8:01:26 PM MCK 10/16/2010 TFN1016 Phone Withdrawal ($10.00) $10.26 7:23:30 PM MCK 10/10/2010 TFN1010 Phone Withdrawal ($9.00) $20.26 7:06:23 PM MCK 10/8/2010 KIPP0910 Payroll — IPP $28.80 $29.26 9:21:32 AM MCK 9/15/2010 26 Sales ($12.60) $0.46 7:14:48 AM MCK 9/8/2010 37 Sales ($20.95) $13.06 7:50:39 AM MCK 9/3/2010 JFRP0910 FRP Quarterly Pymt ($25.00) $34.01 12:19:02 PM MCK 9/3/2010 JIPP0810 Payroll — IPP $28.80 $59.01 12:18:03 PM MCK 8/23/2010 TFN0823 Phone Withdrawal ($9.00) $30.21 12:09:43 PM MCK 8/6/2010 JIPP0710 Payroll — IPP $28.80 $39.21 8:41:47 AM MCK 8/4/2010 32 Sales ($18.90) $10.41 7:59:17 AM MCK 7/9/2010 JIPP0610 Payroll — IPP $28.80 $29.31 8:42:49 AM MCK 6/29/2010 21 Sales ($10.10) $0.51 7:24:07 AM 1 MCK $0.76 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.76 $0.76 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.76 $146.85 $146.55 $12.25 $19.06 $3.75 N/A N/A