(PC) Hand v. Young ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JEHU HAND, Case No. 1:20-cv-00784-BAM (PC) 12 Plaintiff, ORDER GRANTING MOTION TO PROCEED IN FORMA PAUPERIS 13 v. (ECF No. 9) 14 YOUNG, et al., ORDER DIRECTING PAYMENT OF 15 Defendants. INMATE FILING FEE BY FCI MENDOTA 16 17 Plaintiff Jehu Hand (“Plaintiff”) is appearing pro se in this civil rights action pursuant to 18 Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971). 19 Currently before the Court is Plaintiff’s renewed motion to proceed in forma pauperis, filed July 20 9, 2020. (ECF No. 9.) 21 Plaintiff has made the showing required by § 1915(a) and accordingly, the request to 22 proceed in forma pauperis will be granted. Plaintiff is obligated to pay the statutory filing fee of 23 $350.00 for this action. 28 U.S.C. § 1915(b)(1). Plaintiff is obligated to make monthly payments 24 in the amount of twenty percent (20%) of the preceding month’s income credited to Plaintiff’s 25 trust account. The Warden of FCI Mendota is required to send to the Clerk of the Court payments 26 from Plaintiff’s trust account each time the amount in the account exceeds $10.00, until the 27 statutory filing fee is paid in full. 28 U.S.C. § 1915(b)(2). 28 /// 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. Plaintiff's application to proceed in forma pauperis, (ECF No. 9), is GRANTED; 3 2. The Warden of FCI Mendota or his or her designee shall collect payments 4 from Plaintiff’s prison trust account in an amount equal to twenty per cent (20%) of 5 the preceding month’s income credited to the prisoner’s trust account and shall 6 forward those payments to the Clerk of the Court each time the amount in the 7 account exceeds $10.00, in accordance with 28 U.S.C. § 1915(b)(2), until a total of 8 $350.00 has been collected and forwarded to the Clerk of the Court. The payments 9 shall be clearly identified by the name and number assigned to this action; 10 3. The Clerk of the Court is directed to serve a copy of this order and a copy of 11 Plaintiff’s in forma pauperis application on the Warden of FCI Mendota, 33500 West 12 California Avenue, Mendota, California 93640; and 13 4. The Clerk of the Court is directed to serve a copy of this order on the Financial 14 Department, U.S. District Court, Eastern District of California. 15 IT IS SO ORDERED. 16 17 Dated: July 14, 2020 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28