Thomas v. Yates

Full title: LARRY D. THOMAS, Plaintiff, v. V. YATES, et al., Defendants

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

Date published: Jul 19, 2010

1:10-cv-01234-SMS (PC) (E.D. Cal. Jul. 19, 2010)

Opinion

1:10-cv-01234-SMS (PC).

July 19, 2010

ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS (#2) and ORDER DIRECTING PAYMENT OF INMATE FILING FEE BY CALIFORNIA DEPARTMENT OF CORRECTIONS

SANDRA SNYDER, Magistrate Judge

Plaintiff is a prisoner proceeding pro se pursuant to 42 U.S.C. § 1983 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 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).

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 Director of the California Department of Corrections 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 Director 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, Fresno Division.

IT IS SO ORDERED.

APPLICATION TO PROCEED IN FORMA PAUPERIS BY A PRISONER

I, LARRY D. THOMAS, 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:

(If "no" DO NOT USE THIS FORM) KERN VALLEY STATE PRISON

1. Are you currently incarcerated? Yes __ No State the place of your incarceration. 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. MAY OF 1997; $55.30 MONTHLY; PELICAN BAY STATE PRISON (LEAD SCULLERY) 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 and what you expect you will continue to receive (attach an additional sheet if necessary). I USUALLY RECEIVE A J PAY ELECTRONIC FUND TRANSFER VIA THE INMATE TRUST OFFICE FOR A HUNDRED 5100.00 DOLLARS A MONTH; SUBJECT TO RESTITUTION FROM MY YOUNGER SISTER. I DON'T ASK OR EXPECT MONEY; BUT WHEN I DO RECEIVE MONEY; I SPENA WISELY! NO ONE IS DEPENDENT ON ME FOR SUPPORT. IMPORTANT This form must be dated and signed below in order for the court to consider your application. 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 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. : 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).June 13th, 2010 Parry D. Thomas 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. (Revised 01/2008)

Inmate Statement Report

CDCR# Inmate/Group Name Institution Unit Cell/Bed Current Available Balance: Transaction List Transaction Encumbrance List Encumbrance Type Transaction Date Amount Obligation List Sum of Tx for Date Obligation Type Court Case# Original Owed Balance Range for Oblg Current Balance Restitution List Sum of Tx for Date Restitution Court Case# Original Owed Balance Interest Accrued Range for Oblg Current Balance H79847 THOMAS, LARRY KVSP FBB200000000 00112L $59.75 Date Institution Transaction Type Source Doc# Receipt#/Check# Amount Account Balance 12/01/2009 KVSP BEGINNING BALANCE $10.04 12/03/2009 KVSP EFT DEPOSIT JPAY#91392 1629 $93.00 $103.04 12/03/2009 KVSP RESTITUTION FINE ($46.50) $56.54 PAYMENT 12/03/2009 KVSP ADMINISTRATIVE FEE ($4.65) $51.89 12/07/2009 KVSP SALES 13 ($10.20) $41.69 12/14/2009 KVSP LEGAL MAIL LMAIL111709/ENT1 ($0.50) $41.19 214 12/14/2009 KVSP SALES 18 ($31.15) $10.04 01/21/2010 KVSP LEGAL MAIL LM011010/ENT0121 ($2.07) $7.97 10 01/26/2010 KVSP SALES 47 ($7.95) $0.02 01/28/2010 KVSP LEGAL MAIL LM011910/ENT0128 ($0.02) $0.00 10 02/03/2010 KVSP EFT DEPOSIT JPAY#91453 1878 $93.00 $93.00 02/03/2010 KVSP RESTITUTION FINE ($46.50) $46.50 PAYMENT 02/03/2010 KVSP ADMINISTRATIVE FEE ($4.65) $41.85 02/03/2010 KVSP LEGAL MAIL LM011910/ENT0128 ($0.59) $41.26 10 02/10/2010 KVSP SALES 16 ($31.25) $10.01 02/22/2010 KVSP COPY CHARGES COPY2/4/10ENT2/22 ($0.01) $10.00 /10 03/10/2010 KVSP SALES 21 ($10.00) $0.00 03/11/2010 KVSP EFT DEPOSIT JPAY#91487 2178 $93.00 $93.00 03/11/2010 KVSP RESTITUTION FINE ($46.50) $46.50 PAYMENT 03/11/2010 KVSP ADMINISTRATIVE FEE ($4.65) $41.85 03/11/2010 KVSP COPY CHARGES COPY2/4/10ENT2/22 ($2.79) $39.06 /10 03/17/2010 KVSP MEDICAL COPAY 145335MD/030810 ($5.00) $34.06 03/29/2010 KVSP LEGAL MAIL LM030210/032910 ($1.22) $32.84 03/29/2010 KVSP LEGAL MAIL LM030210/032910 ($1.22) $31.62 03/29/2010 KVSP LEGAL MAIL LM030210/032910 ($1.22) $30.40 03/30/2010 KVSP LEGAL MAIL LM031010/033010 ($1.56) $28.84 04/01/2010 KVSP PLRA C 06-0489 JF (PR) 232273 ($10.00) $18.84 04/01/2010 KVSP MEDICAL COPAY 1187810MD/022810 ($5.00) $13.84 04/01/2010 KVSP LEGAL MAIL LM031110/04012010 ($0.61) $13.23 04/08/2010 KVSP EFT DEPOSIT JPAY#91517 2310 $93.00 $106.23 04/08/2010 KVSP RESTITUTION FINE ($46.50) $59.73 PAYMENT 04/08/2010 KVSP ADMINISTRATIVE FEE ($4.65) $55.08 04/14/2010 KVSP SALES 28 ($3.20) $51.88 04/14/2010 KVSP SALES 29 ($36.70) $15.18 05/03/2010 KVSP SALES 21 ($5.08) $10.10 05/05/2010 KVSP EFT DEPOSIT JPAY#91544 2440 $93.00 $103.10 05/05/2010 KVSP RESTITUTION FINE ($46.50) $56.60 PAYMENT 05/05/2010 KVSP ADMINISTRATIVE FEE ($4.65) $51.95 05/13/2010 KVSP LEGAL MAIL LMAIL ($1.56) $50.39 5/4/10-ENT5/13 05/17/2010 KVSP LEGAL MAIL LPOS4/18/10EN5/17 ($0.44) $49.95 /10 05/17/2010 KVSP LEGAL MAIL LMAIL5/3/10- ($4.90) $45.05 ENT5/17 05/19/2010 KVSP SALES 35 ($12.30) $32.75 05/28/2010 KVSP LEGAL MAIL LMAIL5/12/10 ($4.90) $27.85 ENT5/28 06/02/2010 KVSP EFT DEPOSIT JPAY#91572 2561 $93.00 $120.85 06/02/2010 KVSP RESTITUTION FINE ($46.50) $74.35 PAYMENT 06/02/2010 KVSP ADMINISTRATIVE FEE ($4.65) $69.70 06/09/2010 KVSP SALES 73 ($14.95) $54.75 06/16/2010 KVSP MEDICAL COPAY 1187810MD/022810 $5.00 $59.75 **No information was found for the given criteria.** **No information was found for the given criteria.** RESTITUTION FINE RCR21025 $5,000.00 $0.00 ($279.00) $2,157.89

CERTIFICATE OF FUNDS IN PRISONER'S ACCOUNT

I certify that attached hereto is a true and correct copy the prisoner's trust account statement showing transactions of;

THOMAS, LARRY for the last six months at

KERN VALLEY STATE PRISON where he is confined.

I further certify that the average deposits each month to this prisoner's account for the most recent 6-month period were $93.00, and the average balance in the prisoner's account each for the most recent 6-month period was $25.28.6/16/10 William Estella

Date Authorized Officer of the Institution