Opinion
No. CIV S-07-0020-WBS-CMK-P.
February 20, 2008
ORDER
Plaintiff, a state prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. On January 28, 2008, the court issued an order for plaintiff to show cause why this action should not be dismissed for lack of prosecution and failure to comply with court orders. Plaintiff had previously been ordered to either pay the filing fees or submit a completed application to proceed in forma pauperis. Plaintiff has now filed a completed application and responded to the order to show cause. The order to show cause is therefore discharged. Plaintiff's complaint will be addressed separately.
Plaintiff has submitted a declaration that makes the showing required by 28 U.S.C. § 1915(a). The request to proceed in forma pauperis will, therefore, be granted.
Accordingly, IT IS HEREBY ORDERED that:
1. Plaintiff's motion for leave to proceed in forma pauperis (Doc. 31) is granted;
2. Plaintiff is required to pay the full statutory filing fee of $350.00 for this action pursuant to 28 U.S.C. §§ 1914(a) and 1915(b)(1);
3. No initial partial filing fee will be assessed pursuant to 28 U.S.C. § 1915(b)(1); and
4. Plaintiff will be obligated for monthly payments of twenty percent of the preceding month's income credited to plaintiff's prison trust account, such payments to be forwarded by the appropriate agency to the Clerk of the Court each time the amount in plaintiff's account exceeds $10.00, until the statutory filing fee is paid in full, pursuant to 28 U.S.C. § 1915(b)(2).