(PC) Papazian v. Doerer ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JAMES MICHAEL PAPAZIAN, Case No. 1:24-cv-01182-HBK (PC) 12 Plaintiff, ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS 13 v. (Doc. No. 5) 14 J. DOERER, ORDER DIRECTING PAYMENT 15 Defendant. OF INMATE FILING FEE BY THE BUREAU OF PRISONS 16 17 18 Plaintiff, a federal prisoner, initiated this action on September 18, 2024, by filing a pro se 19 civil rights complaint pursuant to Bivens v. Six Unknown Named Agents of the Federal Bureau of 20 Narcotics1. (Doc. No. 1, “Complaint”). Prior to screening, Plaintiff filed a First Amended 21 Complaint. (Doc. No. 4, “FAC”). Plaintiff seeks leave to proceed in forma pauperis on his FAC 22 and submitted a certification from prison officials in support. (Doc. No. 5). Plaintiff has made 23 the showing required by § 1915(a) to proceed in forma pauperis but remains obligated to pay the 24 full $350.00 statutory filing fees as set forth in 28 U.S.C. § 1915. Pursuant to § 1915(b)(1)(A), 25 Plaintiff is obligated to make an initial payment of $87.242 (20% of the average 6-month 26 1 403 U.S. 388 (1971). 27 2 The statute requires an initial filing fee of 20% of the greater of the six-month average monthly deposits or average monthly balance. 28 U.S.C. § 1915(b)(1)(A), (B). Plaintiff’s average monthly balance over the 28 relevant period was $436.19 and his average monthly deposits was $72.69. (Doc. No. 5 at 2). 1 | balance on his prisoner’s account). Thereafter, Plaintiff must make monthly payments of 20% 2 | of the preceding month’s income credited to his trust account. The California Department of 3 | Corrections is required to send the initial $87.24 payment to the Clerk of the Court from any 4 || deposits made into Plaintiff’s account until the $87.24 is paid and thereafter make subsequent 5 | payments from Plaintiff's account each time the amount in her account exceeds $10.00, until the 6 | statutory filing fee is paid in full. 28 U.S.C. § 1915(b)(2). 7 ACCORDINGLY, it is ORDERED: 8 1. Plaintiff's motion to proceed in forma pauperis (Doc. No. 5) is GRANTED. 9 2. The Director of the Federal Bureau of Prisons, or his designee shall forward an 10 | initial payment of $87.24 to the Clerk of the Court from Plaintiff’s prison trust account in 11 | accordance with 28 U.S.C. § 1915(b)(1)(B) and thereafter shall make future monthly 12 | payments in an amount equal to twenty percent (20%) of the preceding month’s income 13 | credited to the Plaintiff’s trust account each time the amount in the account exceeds $10.00, 14 | in accordance with 28 U.S.C. § 1915(b)(2), until a total of $350.00 has been collected and 15 | forwarded to the Clerk of the Court. The payments shall be clearly identified by the name and 16 | number assigned to this action. 17 3. The Clerk of the Court is directed to serve a copy of this order and a copy of □□□□□□□□□□□ 18 || in forma pauperis application on the Federal Bureau of Prison, via the court’s electronic case 19 | filing system (CM/ECF). 20 4. The Clerk of the Court is directed to serve a copy of this order on the Financial 21 | Department, U.S. District Court, Eastern District of California. 22 23 Dated: _ November 19, 2024 oe Uh. Sareh Back 24 HELENA M. BARCH-KUCHTA 35 UNITED STATES MAGISTRATE JUDGE 26 27 28