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Emasealu v. Gomez

United States District Court, Eastern District of California
Nov 22, 2022
1:22-cv-01326-HBK (PC) (E.D. Cal. Nov. 22, 2022)

Opinion

1:22-cv-01326-HBK (PC)

11-22-2022

TOM INEZE EMASEALU, Plaintiff, v. J. GOMEZ, ET. AL, Defendants.


ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS ORDER DIRECTING PAYMENT OF INITIAL FILING FEE (DOC. NO. 6)

HELENA M. BARCH-KUCHTA, UNITED STATES MAGISTRATE JUDGE.

Plaintiff Tom Ineze Emasealu, a federal prisoner, initiated this action by filing a pro se civil rights complaint pursuant to 42 U.S.C. § 1983 on October 18, 2022. (Doc. No. 1). Plaintiff seeks to proceed in forma pauperis. (Doc. No. 4). 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 $15.001 (the greater of 20% of the average monthly deposits or average monthly balance for the 6-month period immediately preceding the filing of the complaint). Id

., § 1915(b)

(B). Thereafter, Plaintiff is required to make monthly payments of 20% of the preceding month's income credited to her trust account. The Federal Bureau of Prisons is required to send the initial $15.00 payment to the Clerk of the Court and subsequent payments from Plaintiff's 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 TRULINCS Account Transaction attached to his application, Plaintiff had $445.00 deposited into his account over a six-month period for an average monthly deposit of $75.00. (Doc. No. 6 at 3-9).

ACCORDINGLY, it is ORDERED:

1. Plaintiff's motion to proceed in forma pauperis (Doc. No. 6) is GRANTED.

2. The Director of the Federal Bureau of Prisons or his designee shall forward an initial payment of $15.00 to the Clerk of the Court from Plaintiff's 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 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 Federal Bureau of Prisons.

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.


Summaries of

Emasealu v. Gomez

United States District Court, Eastern District of California
Nov 22, 2022
1:22-cv-01326-HBK (PC) (E.D. Cal. Nov. 22, 2022)
Case details for

Emasealu v. Gomez

Case Details

Full title:TOM INEZE EMASEALU, Plaintiff, v. J. GOMEZ, ET. AL, Defendants.

Court:United States District Court, Eastern District of California

Date published: Nov 22, 2022

Citations

1:22-cv-01326-HBK (PC) (E.D. Cal. Nov. 22, 2022)