Opinion
Case No. 1:18-cv-00153-LJO-EPG
02-02-2018
JERRY OWENS, Plaintiff, v. FRESNO POLICE DEPARTMENT, et al., Defendants.
ORDER GRANTING MOTION TO PROCEED IN FORMA PAUPERIS (ECF No. 2)
Jerry Owens ("Plaintiff") is a Fresno County Jail inmate proceeding pro se in this action pursuant to 42 U.S.C. § 1983. (ECF No. 1). On January 29, 2018, Plaintiff submitted an application to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. (ECF No. 2). Plaintiff has made the requisite showing under 28 U.S.C. § 1915(a). Accordingly, his application to proceed in forma pauperis is GRANTED.
However, pursuant to 28 U.S.C. § 1915(b)(1), Plaintiff remains obligated to pay the statutory filing fee for this action when funds exist in his inmate trust account. Accordingly, Plaintiff shall make monthly payments in the amount of twenty percent (20%) of the preceding month's income credited to his trust account. 28 U.S.C. § 1915(b)(2). The 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).
Accordingly, IT IS HEREBY ORDERED that:
1. Plaintiff's application to proceed in forma pauperis is GRANTED;IT IS SO ORDERED.
2. The Sheriff for Fresno County or her designee shall collect payments from Plaintiff's inmate trust account in an amount equal to twenty percent (20%) of the preceding month's income credited to the inmate'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 for Fresno County, 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, Sacramento Division.
5. Within sixty (60) days of the date of service of this order, Plaintiff shall submit a certified copy of his inmate trust account statement for the six-month period immediately preceding the filing of the complaint, if he has not already done so.
Dated: February 2 , 2018
/s/_________
UNITED STATES MAGISTRATE JUDGE