(PC) Henderson v. United States ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MARCELLUS HENDERSON, 1:21-cv-932 GSA (PC) 12 Plaintiff, ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS 13 v. and ORDER DIRECTING PAYMENT 14 UNITED STATES, OF INMATE FILING FEE BY U.S. PENITENTIARY ATWATER 15 Defendant. 16 17 18 19 20 Plaintiff is a federal prisoner proceeding pro se pursuant to 403 U.S. 388 (1971) and has 21 requested leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. Plaintiff has made 22 the showing required by § 1915(a) and accordingly, the request to proceed in forma pauperis will 23 be granted. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. 28 24 U.S.C. § 1915(b)(1). Plaintiff is obligated to make monthly payments in the amount of twenty 25 percent of the preceding month’s income credited to plaintiff’s trust account. U.S. Penitentiary 26 Atwater is required to send to the Clerk of the Court payments from plaintiff’s account each time 27 the amount in the account exceeds $10.00, until the statutory filing fee is paid in full. 28 U.S.C. 28 § 1915(b)(2). 1 In accordance with the above and good cause appearing therefore, IT IS HEREBY 2 ORDERED that: 3 1. Plaintiff's application to proceed in forma pauperis is GRANTED; 4 2. The Warden of U.S. Penitentiary Atwater or his/her designee shall collect 5 payments from plaintiff’s prison trust account in an amount equal to twenty per 6 cent (20%) of the preceding month’s income credited to the prisoner’s trust 7 account and shall forward those payments to the Clerk of the Court each time the 8 amount in the account exceeds $10.00, in accordance with 28 U.S.C. § 1915(b)(2), 9 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 11 assigned to this action. 12 3. The Clerk of the Court is directed to serve a copy of this order and a copy of plaintiff’s 13 in forma pauperis application on the Warden of U.S. Penitentiary Atwater. 14 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 and 17 5. Within thirty (60) days of the date of service of this order, plaintiff shall submit a 18 certified copy of his/her prison trust account statement for the six-month period 19 immediately preceding the filing of the complaint, if plaintiff has not already done so. 20 IT IS SO ORDERED. 21 22 Dated: July 9, 2021 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28