Opinion
1:23-cv-00170-HBK (PC)
04-19-2023
LEON HAWKINS, Plaintiff, v. C. URIAS, D. CASTILLO, Defendants.
ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS (Doc. No. 6) ORDER DIRECTING PAYMENT OF INMATE FILING FEE BY THE CALIFORNIA DEPARTMENT OF CORRECTIONS
HELENA M. BARCH-KUCHTA, UNITED STATES MAGISTRATE JUDGE.
Plaintiff-a prisoner-initiated this action on February 3, 2023, 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 his Complaint and submitted a copy of his prison trust fund statement in support. (Doc. No. 6). Plaintiff has made the showing required by § 1915(a) to proceed in forma pauperis but remains obligated to pay the full statutory filing fee of $350.00 for this action. 28 U.S.C. § 1915(b)(1). Plaintiff must make monthly payments in the amount of twenty percent (20%) of the preceding month's income credited to Plaintiff's trust account. 28 U.S.C. § 1915(b)(2). The California Department of Corrections is required to send to the Clerk of the Court payments from plaintiff's account each time the amount in the account exceeds $10.00, until the statutory filing fee is paid in full. Id.
Accordingly, it is ORDERED:
1. Plaintiffs application to proceed in forma pauperis (Doc. No. 6) is GRANTED.
2. The Secretary of the California Department of Corrections, or his designee, shall collect payments from plaintiff's prison trust account in an amount equal to twenty percent (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 (Doc. No. 6) 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, Division.