Miranda v. Dep't Of Treasury

Full title: RAYMOND MIRANDA, Plaintiff, v. DEPARTMENT OF TREASURY, Defendant.

Court: United States District Court, Eastern District of California

Date published: Dec 27, 2021

1:21-cv-01763-NE-HBK (PC) (E.D. Cal. Dec. 27, 2021)

Opinion

1:21-cv-01763-NE-HBK (PC)

12-27-2021

RAYMOND MIRANDA, Plaintiff, v. DEPARTMENT OF TREASURY, Defendant.

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 CALIFORNIA DEPARTMENT OF CORRECTIONS

HELENA M. BARCH-KUCHTA UNITED STATES MAGISTRATE JUDGE

Plaintiff is a prisoner proceeding pro se on his civil rights complaint filed pursuant to 42 U.S.C. § 1983. (Doc. No. 1). Plaintiff seeks to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. (Doc. No. 2). Plaintiff has made the showing required by §1915(a). Accordingly, Plaintiff's motion to proceed in forma pauperis is granted. Plaintiff remains 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 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. 28 U.S.C. § 1915(b)(2).

ACCORDINGLY, it is ORDERED:

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

2. The Secretary of the California Department of Corrections, 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 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 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.