McGee v. Galager

Full title: JOHNNY MCGEE, Plaintiff, v. GALAGER, et al., Defendants.

Court: United States District Court, Eastern District of California

Date published: Jun 7, 2021

1:21-cv-00837-HBK (PC) (E.D. Cal. Jun. 7, 2021)

Opinion

1:21-cv-00837-HBK (PC)

06-07-2021

JOHNNY MCGEE, Plaintiff, v. GALAGER, et al., Defendants.

HELENA M. BARCH-KUCHTA UNITED STATES MAGISTRATE JUDGE

ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS

(DOC. NO. 2)

ORDER DIRECTING PAYMENT OF INMATE FILING FEE BY THE WASCO STATE PRISON WARDEN

HELENA M. BARCH-KUCHTA UNITED STATES MAGISTRATE JUDGE

Plaintiff Johnny McGee, a prisoner, initiated this action on May 24, 2021 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. Nos. 2, 7). Plaintiff has made the requisite showing to proceed in forma pauperis under § 1915(a) but remains obligated to pay the statutory filing fee of $350.00 for this action. 28 U.S.C. § 1915(b)(1). Plaintiff is compelled to 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 Wasco State Prison Warden or his designee are required to send to the Clerk of the Court payments from Plaintiffs account each time the amount in the account exceeds $10.00, until the statutory filing fee is paid in full. Id.

According, it is ORDERED:

1. Plaintiffs application to proceed in forma pauperis (Doc. No. 2) is GRANTED.

2. Pursuant to 28 U.S.C. § 1915 (b)(1) the Wasco State Prison Warden or his designee shall collect payments from Plaintiffs prison trust account in an amount equal to twenty percent (20%) of the preceding month's income credited to Plaintiffs trust account and shall forward those payments to the Clerk of the Court each time the amount in the account exceeds $10.00 until a total of $350.00 has been collected and forwarded to the Clerk of the Court. The payments shall be clearly identified by Plaintiffs name and the case 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. 2) on the Wasco State Prison located at 701 Scofield Avenue, Wasco, CA 93280.

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, Sacramento Division.

IT IS SO ORDERED.