(PC) Miller v. Najera ( 2019 )

1 2 3 4 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF CALIFORNIA 6 7 STEVEN R. MILLER, Case No. 1:19-cv-01077-AWI-BAM (PC) 8 Plaintiff, ORDER GRANTING PLAINTIFF’S APPLICATION TO PROCEED IN FORMA 9 v. PAUPERIS 10 ALBERT NAJERA, et al., (ECF No. 9) 11 Defendants. ORDER DIRECTING PAYMENT OF INMATE FILING FEE BY FCI TERMINAL 12 ISLAND 13 14 Plaintiff Steven R. Miller is a federal prisoner proceeding pro se in this civil rights action 15 pursuant to 42 U.S.C. § 1983 and Bivens v. Six Unknown Named Agents of Federal Bureau of 16 Narcotics, 403 U.S. 388 (1971). Plaintiff initiated this action on August 5, 2019. (ECF No. 1.) 17 On August 8, 2019, the Court ordered Plaintiff to either submit an application to proceed in forma 18 pauperis or pay the $400.00 filing fee for this action, within forty-five days of the date of service 19 of the order. (ECF No. 3.) 20 On September 26, 2019, Plaintiff filed an application to proceed in forma pauperis. (ECF 21 No. 7.) On October 2, 2019, the Court denied without prejudice Plaintiff’s application to proceed 22 in forma pauperis as incomplete and ordered Plaintiff to either submit a complete application to 23 proceed in forma pauperis or pay the $400.00 filing fee within thirty days from the date of service 24 of the order. (ECF No. 8.) 25 Currently before the Court is Plaintiff’s second application to proceed in forma pauperis 26 pursuant to 28 U.S.C. § 1915, filed on November 4, 2019. (ECF No. 9.) Plaintiff’s application 27 includes a prison trust account statement that reflects the activity in Plaintiff’s prison trust 28 account for the last six months. 1 Plaintiff has made the showing required by § 1915, and his application to proceed in 2 forma pauperis will be granted. Plaintiff is obligated to pay the statutory filing fee of $350.00 for 3 this action. 28 U.S.C. § 1915(b)(1). Plaintiff is obligated to make monthly payments in the 4 amount of twenty percent (20%) of the preceding month’s income credited to Plaintiff’s trust 5 account. The Warden of FCI Terminal Island is required to send to the Clerk of the Court 6 payments from Plaintiff’s trust account each time the amount in the account exceeds $10.00, until 7 the statutory filing fee is paid in full. 28 U.S.C. § 1915(b)(2). 8 Accordingly, IT IS HEREBY ORDERED that: 9 1. Plaintiff's application to proceed in forma pauperis, (ECF No. 9), is GRANTED; 10 2. The Warden of FCI Terminal Island or his/her designee shall collect 11 payments from Plaintiff’s prison trust account in an amount equal to twenty 12 percent (20%) of the preceding month’s income credited to the prisoner’s 13 trust account and shall forward those payments to the Clerk of the Court 14 each time the amount in the account exceeds $10.00, in accordance with 28 15 U.S.C. § 1915(b)(2), until a total of $350.00 has been collected and forwarded 16 to the Clerk of the Court. The payments shall be clearly identified by the 17 name and number assigned to this action; 18 3. The Clerk of the Court is directed to serve a copy of this order and a copy of 19 Plaintiff=s in forma pauperis application on the Warden of FCI Terminal Island, 20 Federal Correctional Institution, P.O. Box 269, San Pedro, CA 90733; and 21 4. The Clerk of the Court is directed to serve a copy of this order on the Financial 22 Department, U.S. District Court, Eastern District of California. 23 IT IS SO ORDERED. 24 25 Dated: November 6, 2019 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 26 27 28