Opinion
1:11-cv-00739-GBC (PC).
May 20, 2011
ORDER
Plaintiff is a prisoner proceeding pro se pursuant to 42 U.S.C. § 1983 and has requested leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. 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 of the preceding month's income credited to Plaintiff's trust account. The Big Spring Federal Correctional Institution 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. 28 U.S.C. § 1915(b)(2).
In accordance with the above and good cause appearing therefore, IT IS HEREBY ORDERED that:
1. Plaintiff's application to proceed in forma pauperis is GRANTED;
2. The Director of Big Spring Federal Correctional Institution or his 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 Big Spring Federal Correctional Institution, 1900 Simler Ave, Big Spring, Texas 79720, via United States Postal Service.
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, Fresno Division.
5. Within sixty (60) days of the date of service of this order, Plaintiff shall submit a certified copy of his prison trust account statement for the six-month period immediately preceding the filing of the complaint, if Plaintiff has not already done so.
IT IS SO ORDERED.
APPLICATION TO PROCEED IN FORMA PAUPERIS BY A PRISONER
I, Michael Eugene Hollis, declare that I am the plaintiff in the above-entitled proceeding; that, in support of my request to proceed without prepayment of fees under 28 U.S.C. section 1915, I declare that I am unable to pay the fees for these proceedings or give security therefor and that I am entitled to the relief sought in the complaint.In support of this application, I answer the following questions under penalty of perjury:
If "no" DO NOT USE THIS FORM FCI Big Spring $38,00 Monthly (app.)
1. Are you currently incarcerated? Yes ___ No () State the place of your incarceration. 2. Are you currently employed (includes prison employment)? Yes ___ No a. If the answer is "yes" state the amount of your pay. b. If the answer is "no" state the date of your last employment, the amount of your take-home salary or wages and pay period, and the name and address of your last employer. 3. Have you received any money from the following sources over the last twelve months? a. Business, profession, or other self-employment: ___ Yes No b. Rent payments, interest or dividends: ___ Yes No c. Pensions, annuities or life insurance payments: ___ Yes No d. Disability or workers compensation payments: ___ Yes No e. . Gifts or inheritances: Yes ___ No f. Any other sources: ___ Yes ___ No If the answer to any of the above is "yes," describe by that item each source of money. Also state the amount received and what you expect you will continue to receive (attach an additional sheet if necessary). Some money sending in from home, $25.00 or so from time to time IMPORTANT This form must be dated and signed below in order for the court to consider your application. 4. Do you have cash (includes balance of checking or savings accounts)? ___ Yes No If "yes" state the total amount: ____________________ 5. Do you own any real estate, stocks, bonds, securities, other financial instruments, automobiles or other valuable property? ___ Yes No If "yes" describe the property and state its value: ________________________________________ 6. Do you have any other assets? ___ Yes No If "yes," list the asset(s) and state the value of each asset listed: 7. List all persons dependent on you for support, stating your relationship to each person listed and how much you contribute to their support. : I hereby authorize the agency having custody of me to collect from my trust account and forward to the Clerk of the United States District Court payments in accordance with 28 U.S.C. section 1915(b)(2).May 9, 2011 Michael E. Hollin NOTE DATE SIGNATURE OF APPLICANT : Within sixty days from the date of this application you must forward to the court a certified copy of your prison trust account statement showing transactions for the past six months.A NOTE ABOUT INMATE ACCOUNT INFO
Please refer to the BOP Inmate Account documents in the York Bivens for proof of inmate account activity of PlaintiffPlaintiff van out of funds for copies, and he apologizes for any inconvenience to the parties.
Relief Sought
Injunctive:
1. Restoration of civil rights litigation research in the Fresno County Jail Law Library.
2. Court-ordered Constitutional Temperature centrol in winter at FCJ — no matter what the cost.
3. Court-ordered Constitutional maintenance service to lighting is restored to all FCJ inmates.
Compensatory:
$256,200.00 in Compensatory money damages for 302 days spent in FCJ with day violations of Constitutional rights.
Punitive:
$256,200.00 in punitive money damages for 302 days spent in FCJ with daily violations of constitutional rights.