Opinion
ORDER GRANTING IN FORMA PAUPERIS APPLICATION ORDER DIRECTING PAYMENT OF INMATE FILING FEE (ECF Nos. 2, 8)
GARY S. AUSTIN, Magistrate Judge.
Plaintiff Anselmo Solorio ("Plaintiff"), proceeding pro se while incarcerated in Tulare County's Bob Wiley Detention Facility, has filed a complaint in this action along with an application to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. (ECF Nos. 1, 2.) Plaintiff's initial in forma pauperis application was incomplete and the Court instructed him to re-submit a fully completed version of the form. (ECF No. 7.) Plaintiff has complied with the Court's instruction. (ECF No. 8.)
Regarding his application to proceed in forma pauperis, 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 of $400.00 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 Tulare County Sheriff's Department, or its designee, is required to send payments from Plaintiff's trust account to the Clerk of this Court 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).
As to the status of his complaint, Plaintiff is advised that pursuant to 28 U.S.C. § 1915(e)(2), the court must conduct an initial review of every pro se complaint to determine whether it is legally sufficient under the applicable pleading standards. The court must dismiss a complaint, or portion thereof, if the court determines that the complaint is legally frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2). If the court determines that the complaint fails to state a claim, leave to amend may be granted to the extent that the deficiencies in the complaint can be cured by amendment. Plaintiff's complaint will be screened in due course.
ORDER
IT IS HEREBY ORDERED that:
1. Plaintiff's application to proceed in forma pauperis is GRANTED;
2. The Tulare County Sheriff's Department, or its designee, shall collect payments from Plaintiff's trust account in an amount equal to twenty percent (20%) of the preceding month's income credited to the trust account, and, each time the amount in the account exceeds $10.00, forward those payments to the Clerk of this Court in accordance with 28 U.S.C. § 1915(b)(2), until a total of $400.00 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 Tulare County, 2404 West Burrel Avenue, Visalia, California 93291; and
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.
I, ANSELMO SOLORIO 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 1 am entitled to the relief sought in the complaint.
In support of this application, 1 answer the following questions under penalty of perjury:
1. Are you currently incarcerated? X Yes X No (If "no" DO NOT USE THIS FORM) State the place of your incarceration. PRE TRIAL BOB WILEY'S DETENTION
2. Are you currently employed (includes prison employment)? ___ Yes X No
a. If the answer is "yes" state the amount of your pay. No WAI-MAR 7 2002
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 X No
b. Rent payments, interest or dividends: ___ Yes X No
c. Pensions, annuities or life insurance payments: ___ Yes X No
d. Disability or workers compensation payments: ___ Yes X No
e. Gifts or inheritances: ___ Yes X No
f. Any other sources: ___ Yes X No
If the answer to any of the above is "yes, " describe by that item each source of money. Also state the amount received and 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 X 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 X No
If "yes" describe the property and state its value: CAP 3000
6. Do you have any other assets? ___ Yes X No
If "yes, " list the asset(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.
IMPORTANT: This form must be dated and signed below in order for the court to consider your application.
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).
NOTE: 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,
JMS INMATE BANKING System
Inmate Transaction History for SOLORIO, ANSELM0 (XXXXXXXXXX) during booking #XXXXXXXXXX