(PC) Miller v. Najera ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 STEVEN R. MILLER, Case No. 20-cv-00234-JDP (PC) 12 Plaintiff, ORDER GRANTING APPLICATION TO PROCEED IN FORMA 13 v. PAUPERIS 14 ALBERT NAJERA, et al., ECF No. 4 15 Defendants. ORDER DIRECTING PAYMENT OF INMATE FILING FEE BY THE 16 FEDERAL CORRECTIONAL INSTITUTION (“FCI”), TERMINAL 17 ISLAND 18 19 20 Plaintiff is a federal prisoner proceeding without counsel pursuant in this civil rights 21 action brought under Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971). Plaintiff has 22 requested leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. Plaintiff has made 23 the showing required by § 1915(a) and, accordingly, the request to proceed in forma pauperis will 24 be granted. 25 Plaintiff is still obligated to pay the statutory filing fee of $350.00 for this action. 28 26 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. FCI Terminal 27 Island is required to send to the Clerk of the Court payments from plaintiff’s account each time 28 1 | the amount in the account exceeds $10.00, until the statutory filing fee is paid in full. 28 U.S.C. § 2 | 1915(b)(2). 3 In accordance with the above, it is hereby ordered that: 4 1. Plaintiff's application to proceed in forma pauperis is granted; 5 2. The warden of FCI Terminal Island or his designee shall collect payments from 6 | plaintiff's prison trust account in an amount equal to twenty per cent (20%) of the preceding 7 | month’s income credited to the prisoner=s trust account and shall forward those payments to the g | Clerk of the Court each time the amount in the account exceeds $10.00, in accordance with 28 9 U.S.C. § 1915(b)(2), until a total of $350.00 has been collected and forwarded to the Clerk of the 10 Court. The payments shall be clearly identified by the name and number assigned to this action. ll 3. The Clerk of the Court is directed to serve a copy of this order and a copy of plaintiff’s D in forma pauperis application on the warden of FCI Terminal Island, via United States Postal B Service. 4 4. The Clerk of the Court is directed to serve a copy of this order on the Financial 15 Department, U.S. District Court, Eastern District of California, Sacramento Division. 16 5. Within sixty (60) days of the date of service of this order, plaintiff shall submit a 7 certified copy of his prison trust account statement for the six-month period immediately 8 preceding the filing of the complaint, if plaintiff has not already done so. 19 | IT Is SO ORDERED. 20 21 | Dated: _ April 11, 2020 —N prssann — UNI STATES MAGISTRATE JUDGE 23 No. 205. 25 26 27 28