Opinion
No. CIV S-07-2305 CAS
07-24-2012
FRANK B. MAZZARELLE Plaintiff, v. SCHWARZENEGGER, ET AL Defendants.
ORDER
Plaintiff, a state prisoner, is proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff has filed an in forma pauperis affidavit in which he states that he is presently employed and that his gross monthly earnings are $0.00. The Court has considered plaintiff's application and it is hereby DENIED. The Court concludes that the proposed application is frivolous within the meaning of 28 U.S.C. § 1915(e)(2)(B)(i).
Pursuant to federal statute, a filing fee of $350.00 is required to commence a civil action in federal district court. 28 U.S.C. § 1914(a). By separate order, the Court will direct the appropriate agency to collect the initial partial filing fee from plaintiff's trust account and forward it to the Clerk of the Court. Thereafter, plaintiff will be obligated for monthly payments of twenty percent of the preceding month's income credited to plaintiff's prison trust account. These payments will be forwarded by the appropriate agency to the Clerk of the Court each time the amount in plaintiff's amount exceeds $10.00, until the filing fee is paid in full. 28 U.S.C. § 1915(b)(2).
Accordingly, IT IS HEREBY ORDERED that, within twenty (20) days from the date of this order, plaintiff shall submit the appropriate filing fee. Plaintiff is cautioned that failure to pay the fee may result in dismissal of the instant action without prejudice.
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Christina A. Snyder
UNITED STATES DISTRICT JUDGE