(PC) Benoite v. Doerer ( 2024 )

1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 FOR THE EASTERN DISTRICT OF CALIFORNIA 11 12 SHELTON BENOITE, Case No. 1:24-cv-01407-HBK (PC) 13 Plaintiff, ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS 14 v. (Doc. No. 2) 15 J. DOERER, et al., ORDER DIRECTING PAYMENT 16 Defendants. OF INMATE FILING FEE BY THE BUREAU OF PRISONS 17 18 19 Plaintiff, a federal prisoner, initiated this action on November 18, 2024, by filing a pro se 20 civil rights complaint pursuant to Bivens v. Six Unknown Named Agents of the Federal Bureau of 21 Narcotics1 403 U.S. 388 (1971). (Doc. No. 1, “Complaint”). Plaintiff seeks leave to proceed in 22 forma pauperis on his Complaint and submitted a certification from prison officials in support. 23 (Doc. No. 2). Plaintiff has made the showing required by § 1915(a) to proceed in forma pauperis 24 but remains obligated to pay the full $350.00 statutory filing fees as set forth in 28 U.S.C. § 1915. 25 Pursuant to § 1915(b)(1)(A), Plaintiff is obligated to make an initial payment of $29.331 26 27 1 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 $48.89 and his average monthly deposits was $146.66. (Doc. No. 2 at 2). 1 | (20% of the average monthly deposits on his prisoner’s account). Thereafter, Plaintiff must 2 | make monthly payments of 20% of the preceding month’s income credited to his trust account. 3 | The Bureau of Prisons is required to send the initial $29.33 payment to the Clerk of the Court 4 | from any deposits made into Plaintiffs account until the $29.33 payment is made and thereafter 5 | make subsequent payments from Plaintiff's account each time the amount in his account exceeds 6 | $10.00, until the statutory filing fee is paid in full. 28 U.S.C. § 1915(b)(Q). 7 ACCORDINGLY, it is ORDERED: 8 1. Plaintiff's motion to proceed in forma pauperis (Doc. No. 2) is GRANTED. 9 2. The Director of the Federal Bureau of Prisons, or his designee shall forward an 10 | initial payment of $29.33 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 Prisons, 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. | Dated: _ November 20, 2024 Mile. Wh fareh fackte 23 HELENA M. BARCH-KUCHTA UNITED STATES MAGISTRATE JUDGE 25 26 27 28