Opinion
1:22-cv-00732-HBK (PC)
06-20-2022
TASAWRI JAALI ELLIS, Plaintiff, v. STANISLAUS COUNTY SHERIFF DEPARTMENT, et al., Defendants.
ORDER GRANTING MOTION TO PROCEED IN FORMA PAUPERIS (Doc. No. 2) ORDER DIRECTING PAYMENT OF INMATE FILING FEE BY STANISLAUS COUNTY PUBLIC SAFTEY CENTER
HELENA M. BARCH-KUCHTA UNITED STATES MAGISTRATE JUDGE
Plaintiff Tasawri Jaali Ellis, a county prisoner, initiated this action on June 16, 2022, by filing a pro se civil rights complaint pursuant to 42 U.S.C. § 1983. (Doc. No. 1, Complaint). Plaintiff seeks leave to proceed in forma pauperis on the Complaint and submitted a Certification from prison officials in support. (Doc. No. 2). 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 $14.001 (20% of current balance in inmate account). 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 Stanislaus County Public Safety Center is required to send the initial $14.00 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 the Certification, Plaintiff s average monthly balance in his inmate trust account is approximately $70.00. (Doc. No. 2 at 2).
ACCORDINGLY, it is ORDERED:
1. Plaintiff's motion to proceed in forma pauperis (Doc. No. 2) is GRANTED.
2. The Sheriff of Stanislaus County or other supervisory official of the Stanislaus County Public Safety Center, or appropriate designee, shall forward an initial payment of $14.00 to the Clerk of the Court from Plaintiff's jail trust account in accordance with 28 U.S.C. § 1915(b)(1)(A) and shall make future monthly payments in an amount equal to twenty percent (20%) of the preceding month's income credited to the Plaintiff's 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 Sheriff or other supervisory official of the Stanislaus County Public Safety Center, 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.