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Farias v. Cisneros

United States District Court, Eastern District of California
Jun 2, 2022
1:22-cv-00563-BAM (PC) (E.D. Cal. Jun. 2, 2022)

Opinion

1:22-cv-00563-BAM (PC)

06-02-2022

MARTIN FARIAS, Plaintiff, v. CISNEROS, et al., Defendants.


ORDER GRANTING MOTION TO PROCEED IN FORMA PAUPERIS

(ECF No. 2)

ORDER DIRECTING PAYMENT OF INMATE FILING FEE BY CALIFORNIA DEPARTMENT OF CORRECTIONS

BARBARA A. McAULIFFE UNITED STATES MAGISTRATE JUDGE

Plaintiff Martin Farias (“Plaintiff”) is a state prisoner proceeding pro se in this civil action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action on November 16, 2021 in the Sacramento Division of the United States District Court for the Eastern District of California, together with a motion to proceed in forma pauperis. (ECF Nos. 1, 2.) Plaintiff submitted a certified copy of his prisoner trust fund account statement on November 18, 2021. (ECF No. 5.) The action was transferred to the Fresno Division on May 11, 2022. (ECF No. 6.)

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 (20%) of the preceding month's income credited to Plaintiff's trust account. The California Department of Corrections is required to send to the Clerk of the Court payments from Plaintiff's trust 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).

Accordingly, IT IS HEREBY ORDERED that:

1. Plaintiff's application to proceed in forma pauperis, (ECF No. 2), is GRANTED;

2. The Director of the California Department of Corrections or his/her 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 Director of the California Department of Corrections, via the court's electronic case filing system (CM/ECF); and

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.

IT IS SO ORDERED.


Summaries of

Farias v. Cisneros

United States District Court, Eastern District of California
Jun 2, 2022
1:22-cv-00563-BAM (PC) (E.D. Cal. Jun. 2, 2022)
Case details for

Farias v. Cisneros

Case Details

Full title:MARTIN FARIAS, Plaintiff, v. CISNEROS, et al., Defendants.

Court:United States District Court, Eastern District of California

Date published: Jun 2, 2022

Citations

1:22-cv-00563-BAM (PC) (E.D. Cal. Jun. 2, 2022)