(PC) King v. Gant ( 2017 )

2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JERRY LEE KING , 1:17−CV−00676−EPG (PC) 11 Plaintiff, ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS 12 vs. and ORDER DIRECTING PAYMENT 13 R. VILLEGAS, ET AL. , OF INMATE FILING FEE BY CALIFORNIA DEPARTMENT OF 14 Defendant(s). CORRECTIONS / 15 16 Plaintiff is a federal prisoner proceeding pro se pursuant to 403 U.S. 388 (1971) and has requested 17 leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. Plaintiff has made the showing 18 required § 1915(a) and accordingly, the request to proceed in forma pauperis will be granted. 19 Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. 28 U.S.C. § 1915(b)(1). 20 Plaintiff is obligated to make monthly payments in the amount of twenty percent of the proceeding 21 month's income credited to plaintiff's trust account. The California Department of Corrections is 22 required to send to the Clerk of the Court payments from plaintiff's account each time the amount in 23 the account exceeds $10.00, until the statutory filing fee is paid in full. 28 U.S.C. § 1915(b)(2). 24 In accordance with the above and good cause appearing therefore, IT IS HEREBY ORDERED 25 that: 26 1. Plaintiff's application to proceed in forma pauperis is GRANTED; 2 payments from plaintiff's prison trust account in an amount equal to twenty percent (20%) of 3 the preceding month's income credited to the prisoner's trust account and shall forward those 4 payments to the Clerk of the Court each time the amount in the account exceeds $10.00, in 5 accordance with 28 U.S.C. § 1915(b)(2), until a total of $350.00 has been collected and 6 forwarded to the Clerk of the Court. The payments shall be clearly identified by the name 7 and case number assigned to this action. 8 3. The Clerk of the Court is directed to serve a copy of this order and a copy of plaintiff's in 9 forma pauperis application on the Director of the California Department of Corrections, via the 10 court's electronic case filing system (CM/ECF). 11 4. The Clerk of Court is directed to serve a copy of this order on the Financial Department, 12 U.S. District Court, Eastern District of California. 13 IT IS SO ORDERED. 14 DATED: June 8, 2017 /s/ Erica P. Grosjean United States Magistrate Judge 15 16 17 18 19 20 21 22 23 24 25 26