Opinion
1:10-cv-00901-GBC PC.
November 23, 2010
ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS and ORDER DIRECTING PAYMENT OF INMATE FILING FEE BY DUBLIN FEDERAL CORRECTIONAL INSTITUTION
Plaintiff is a federal prisoner proceeding pro se pursuant to 403 U.S. 388 (1971) 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 Dublin 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 Warden of Dublin 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 the Warden of the Dublin Federal Correctional Institution, 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, Fresno Division.
5. Within sixty (60) days of the date of service of this order, plaintiff shall submit a certified copy of his/her 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.
Dated: November 19, 2010
APPLICATION TO PROCEED IN FORMA PAUPERIS BY A PRISONER
I, SHERRY MINEAR, 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:
X (If "no" DO NOT USE THIS FORM) FCI-Dublin Caliornia x $5.25 month x x X X X X and X X X None IMPORTANT : This form must be dated ahd signed below in order for the court to consider your application.
1. Are you currently incarcerated? Yes ___ No State the place of your incarccration 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 what you expect you will continue to receive (attach an additional sheet if necessary). 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 assct(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).6/6/10 10-6-10 Sherry Minear 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.MIME-Version: 1.0 From:caed_cmecf_helpdesk@caed.uscourts.gov
To:caed_cmecf_nef@localhost.localdomain Message-Id: Subject:Activity in Case 1:10-cv-00901-DLB
(PC) Minear v. Taft FCI et al Order Content-Type: text/html
***NOTE TO PUBLIC ACCESS USERS*** There is no charge for viewing opinions. U.S. District Court Eastern District of California — Live System
Notice of Electronic Filing
The following transaction was entered on 5/21/2010 at 3:17 PM PDT and filed on 5/21/2010 Case Name: Case Number: 1:10-cv-901 Filer: Document Number: 6 Docket Text: ORDER Striking Unsigned Application To Proceed In Forma Pauperis (Doc. [1]), ORDER To Submit Signed Application To Proceed In Forma Pauperis Or Pay Filing Fee Within 45 Days, signed by Magistrate Judge Dennis L. Beck on 5/21/2010. (Motion for IFP due by 7/8/2010) (Attachments: # (1) IFP Application lnstructions) (Scrivner, E)
(PC) Minear v. Taft FCI et al 1:10-cv-901 Electronically filed documents will be served electronically to:Bureau of Prisons Regional Counsel wxrolegalinfo@bop.gov
Dale Patrick dale.patrick@mtctrains.com
Mark Joseph McKeon mark.mckeon@usdoj.gov, Filly.DaSilva@usdoj.gov, Jennifer.Zenovich@usdoj.gov, maryann.medelez@usdoj.gov, usacae.ecffrsgen@usdoj.gov
1:10-cv-901 Electronically filed documents must be served conventionally by the filer to:
Sherry Minear
REG 07771-046
DUBLIN
FEDERAL CORRECTIONAL INSTITUTION
Inmate Mail/Parcels
5701 8TH ST — CAMP PARKS
DUBLIN, CA 94568
The following document(s) are associated with this transaction: