Caetano v. Internal Revenue Service ( 2022 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 9 EASTERN DISTRICT OF CALIFORNIA 10 NATHANIEL DWAYNE CAETANO, Case No. 1:22-cv-00837-JLT-SAB 11 Plaintiff, ORDER GRANTING APPLICATION TO 12 PROCEED IN FORMA PAUPERIS v. 13 ORDER DIRECTING PAYMENT INTERNAL REVENUE SERVICE, et al., OF INMATE FILING FEE BY 14 CALIFORNIA DEPARTMENT OF Defendants. CORRECTIONS AND REHABILITATION 15 AND DIRECTING CLERK OF THE COURT TO ISSUE PRISONER NEW CASE 16 DOCUMENTS 17 (ECF No. 2) 18 Plaintiff Nathaniel Dwayne Caetano is a pre-trial detainee proceeding pro se pursuant to 19 42 U.S.C. §1983 and has requested leave to proceed in forma pauperis pursuant to 28 U.S.C. § 20 1915. (ECF No. 2.) While Plaintiff avers that he has a registered security valued at 21 $47,000,000.00, based on a review of the application and trust account statement, the Court finds 22 Plaintiff has made the showing required by § 1915(a) and accordingly, the request to proceed in 23 forma pauperis will be granted. Plaintiff is obligated to pay the statutory filing fee of $350.00 24 for this action. 28 U.S.C. § 1915(b)(1). Plaintiff is obligated to make monthly payments in the 25 amount of twenty percent of the preceding month’s income credited to Plaintiff’s trust account. 26 The California Department of Corrections and Rehabilitation is required to send to the Clerk of 27 the Court payments from plaintiff’s account each time the amount in the account exceeds $10.00, until the statutory filing fee is paid in full. 28 U.S.C. § 1915(b)(2). 1 Notwithstanding this order, the Court does not direct that service be undertaken until the 2 Court screens the complaint in due course and issues its screening order. See 28 U.S.C. § 3 1915(e)(2) (“the court shall dismiss a case if at any time if the Court determines that . . . the 4 action . . . (i) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; 5 or (iii) seeks monetary relief against a defendant who is immune from such relief.”); Cato v. 6 United States, 70 F.3d 1103, 1106 (9th Cir. 1995) (Section 1915 “authorizes a court to review a 7 complaint that has been filed in forma pauperis, without paying fees and costs, on its own 8 initiative and to decide whether the action has an arguable basis in law before permitting it to 9 proceed.”); Ross v. Padres LP, No. 17-CV-1676 JLS (JLB), 2018 WL 280026, at *2 (S.D. Cal. 10 Jan. 3, 2018) (“28 U.S.C. § 1915(e)(2) mandates that the court reviewing an action filed pursuant 11 to the IFP provisions of § 1915 make and rule on its own motion to dismiss before directing the 12 Marshal to effect service.”). 13 In accordance with the above and good cause appearing therefore, IT IS HEREBY 14 ORDERED that: 15 1. Plaintiff's application to proceed in forma pauperis is GRANTED; 16 2. The Director of the California Department of Corrections and Rehabilitation 17 or their designee shall collect payments from Plaintiff’s jail trust account in 18 an amount equal to twenty per cent (20%) of the preceding month’s income 19 credited to the detainee’s trust account and shall forward those payments to 20 the Clerk of the Court each time the amount in the account exceeds $10.00, 21 in accordance with 28 U.S.C. § 1915(b)(2), until a total of $350.00 has been 22 collected and forwarded to the Clerk of the Court. The payments shall be 23 clearly identified by the name and number assigned to this action; 24 3. The Clerk of the Court is directed to serve a copy of this order and a copy of 25 Plaintiff’s in forma pauperis application on the Director of the California 26 Department of Corrections and Rehabilitation, via the court’s electronic case 27 filing system (CM/ECF); 1 Department, U.S. District Court, Eastern District of California, Sacramento 2 Division; 3 5. The Clerk of the Court is directed to issue prisoner new case documents in this 4 action; and 5 6. Within sixty (60) days of the date of service of this order, Plaintiff shall submit a 6 certified copy of his jail trust account statement for the six-month period 7 immediately preceding the filing of the complaint, if Plaintiff has not already 8 done so. 9 10 IT IS SO ORDERED. DAM Le 11 | Dated: _July 12, 2022 _ Of UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28