(PC) Mois v. Ciolli ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 EMANUEL MOIS, Case No.: 1:20-cv-00885-JLT (PC) 12 Plaintiff, ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS 13 v. and ORDER DIRECTING PAYMENT 14 A. CIOLLI, et al., OF INMATE FILING FEE BY FCI VICTORVILLE MEDIUM II 15 Defendants. 16 17 Plaintiff is a federal prisoner proceeding pro se pursuant to 403 U.S. 388 (1971) and has 18 requested leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. Plaintiff has made 19 the showing required by § 1915(a) and accordingly, the request to proceed in forma pauperis will 20 be granted. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. 28 21 U.S.C. § 1915(b)(1). Plaintiff is obligated to make monthly payments in the amount of twenty 22 percent of the preceding month’s income credited to plaintiff’s trust account. FCI Victorville 23 Medium II is required to send to the Clerk of the Court payments from plaintiff’s account each 24 time the amount in the account exceeds $10.00, until the statutory filing fee is paid in full. 28 25 U.S.C. § 1915(b)(2). 26 In accordance with the above and good cause appearing therefore, the Court ORDERS: 27 1. Plaintiff's application to proceed in forma pauperis is GRANTED; 28 2. The Warden of FCI Victorville Medium II or his designee shall collect payments 1 from 2 plaintiff’s prison trust account in an amount equal to twenty per cent (20%) of 3 the preceding month’s income credited to the prisoner’s trust account and shall 4 forward those payments to the Clerk of the Court each time the amount in the 5 account exceeds $10.00, in accordance with 28 U.S.C. § 1915(b)(2), until a total of 6 $350.00 has been collected and forwarded to the Clerk of the Court. The 7 payments shall be clearly identified by the name and number assigned to this 8 action. 9 3. The Clerk of the Court is directed to serve a copy of this order and a copy of plaintiff’s 10 in forma pauperis application on the Warden of FCI Victorville Medium II, at P.O. 11 Box 5400, Adelanto, CA 92301. 12 4. The Clerk of the Court is directed to serve a copy of this order on the Financial 13 Department, U.S. District Court, Eastern District of California, Sacramento Division. 14 5. Within 60 days of the date of service of this order, plaintiff shall submit a certified 15 copy of his/her prison trust account statement for the six-month period immediately 16 preceding the filing of the complaint, if plaintiff has not already done so. 17 IT IS SO ORDERED. 18 19 Dated: October 1, 2020 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28