Navarro v. Xiong

Full title: DAVID NAVARRO, Plaintiff, v. K. XIONG, et al., Defendants

Court: United States District Court, E.D. California, Fresno Division

Date published: Sep 2, 2011

1:11-cv-01459-SKO (PC) (E.D. Cal. Sep. 2, 2011)

Opinion

1:11-cv-01459-SKO (PC).

September 2, 2011

ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS (Motion #2) and ORDER DIRECTING PAYMENT OF INMATE FILING FEE BY FRESNO COUNTY SHERIFF

SHEILA OBERTO, Magistrate Judge

Plaintiff, a prisoner proceeding pro se, filed this action pursuant to 42 U.S.C. § 1983 on August 31, 2011. Plaintiff has requested leave to proceed in forma pauperis and he has made the requisite showing. 28 U.S.C. § 1915. Plaintiff's request to proceed in forma pauperis will therefore be granted. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action and to make monthly payments in the amount of twenty percent of the preceding month's income credited to his trust account. 28 U.S.C. § 1915(b)(1). The Fresno County Sheriff's Department/Fresno County Jail 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 Fresno County Sheriff or her designee shall collect payments from plaintiff's jail trust account in an amount equal to twenty per cent (20%) of the preceding month's income credited to plaintiff'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 Sheriff of Fresno County at the Fresno County Jail, 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.

IT IS SO ORDERED.

Dated: September 1, 2011