From Casetext: Smarter Legal Research

Green v. Cisneros

United States District Court, Eastern District of California
Nov 2, 2022
1:22-cv-01072-ADA-HBK (PC) (E.D. Cal. Nov. 2, 2022)

Opinion

1:22-cv-01072-ADA-HBK (PC)

11-02-2022

HALIKI GREEN, JR., Plaintiff, v. THERESA CISNEROS, ET. AL., Defendant.


ORDER GRANTING MOTION TO PROCEED IN FORMA PAUPERIS (DOC. NO. 2) ORDER DIRECTING PAYMENT OF INMATE FILING FEE BY THE CALIFORNIA DEPARTMENT OF CORRECTIONS (DOC. NO. 2)

HELENA M. BARCH-KUCHTA, UNITED STATES MAGISTRATE JUDGE

Plaintiff Haliki Green, Jr., a prisoner at the California Substance Abuse and Treatment Facility (CSATF), initiated this action on August 25, 2022 by filing a pro s e civil rights complaint under 42 U.S.C. § 1983. (Doc. No. 1, Complaint). Plaintiff seeks leave to proceed in forma pauperis and submitted a copy of his prison trust fund statement and 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 $62.00 (20% of current balance in inmate account). Id ., § 1915(b)(1)(A). Thereafter, Plaintiff is required to make monthly payments of 20% of the preceding month's income credited to his trust account. The California Department of Corrections is required to send the initial $62.00 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 the Inmate Statement Report, Plaintiff s current balance in his inmate trust account is $311.51 and average monthly balances are $561.29. (Doc. No. 2 at 5).

ACCORDINGLY, it is ORDERED:

1. Plaintiff's motion to proceed in forma pauperis (Doc. No. 2) is GRANTED.

2. The Secretary of the California Department of Corrections, or his designee shall forward an initial payment of $62.00 to the Clerk of the Court from Plaintiff's prison 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 Secretary of the California Department of Corrections, 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.


Summaries of

Green v. Cisneros

United States District Court, Eastern District of California
Nov 2, 2022
1:22-cv-01072-ADA-HBK (PC) (E.D. Cal. Nov. 2, 2022)
Case details for

Green v. Cisneros

Case Details

Full title:HALIKI GREEN, JR., Plaintiff, v. THERESA CISNEROS, ET. AL., Defendant.

Court:United States District Court, Eastern District of California

Date published: Nov 2, 2022

Citations

1:22-cv-01072-ADA-HBK (PC) (E.D. Cal. Nov. 2, 2022)