(PC) Huff v. Moore ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JORDAN HUFF, Case No. 1:19-cv-01248-BAM (PC) 12 Plaintiff, ORDER GRANTING PLAINTIFF’S APPLICATION TO PROCEED IN FORMA 13 v. PAUPERIS 14 THOMAS MOORE, et al., (ECF No. 2) 15 Defendants. ORDER DIRECTING PAYMENT OF INMATE FILING FEE BY USP 16 VICTORVILLE 17 18 Plaintiff Jordan Huff is a federal prisoner proceeding pro se in this civil rights action 19 pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 20 (1971). 21 Currently before the Court is Plaintiff’s application to proceed in forma pauperis pursuant 22 to 28 U.S.C. § 1915, filed on September 9, 2019. (ECF No. 2.) Plaintiff’s application includes a 23 prison trust account statement that reflects the activity in Plaintiff’s prison trust account for the 24 last six months. 25 Since Plaintiff has made the showing required by § 1915, the application to proceed in forma 26 pauperis will be granted. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this 27 action. 28 U.S.C. § 1915(b)(1). Plaintiff is obligated to make monthly payments in the amount of 28 twenty percent (20%) of the preceding month’s income credited to Plaintiff’s trust account. The 1 Warden of USP Victorville is required to send to the Clerk of the Court payments from Plaintiff’s 2 trust account each time the amount in the account exceeds $10.00, until the statutory filing fee is 3 paid in full. 28 U.S.C. § 1915(b)(2). 4 Accordingly, IT IS HEREBY ORDERED that: 5 1. Plaintiff's application to proceed in forma pauperis, (ECF No. 2), is GRANTED; 6 2. The Warden of USP Victorville or his/her designee shall collect payments from 7 Plaintiff’s prison trust account in an amount equal to twenty percent (20%) of 8 the preceding month’s income credited to the prisoner’s trust account and shall 9 forward those payments to the Clerk of the Court each time the amount in the 10 account exceeds $10.00, in accordance with 28 U.S.C. § 1915(b)(2), until a total 11 of $350.00 has been collected and forwarded to the Clerk of the Court. The 12 payments shall be clearly identified by the name and number assigned to this 13 action; 14 3. The Clerk of the Court is directed to serve a copy of this order and a copy of 15 Plaintiff=s in forma pauperis application on the Warden of USP Victorville, U.S. 16 Penitentiary, P.O. Box 5400, Adelanto, CA 92301; and 17 4. The Clerk of the Court is directed to serve a copy of this order on the Financial 18 Department, U.S. District Court, Eastern District of California. 19 IT IS SO ORDERED. 20 21 Dated: September 20, 2019 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28