Filed: Feb. 28, 2017
Latest Update: Feb. 28, 2017
Summary: ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS (ECF NOS. 28 & 32) and ORDER DIRECTING PAYMENT OF INMATE FILING FEE BY CALIFORNIA DEPARTMENT OF CORRECTIONS ERICA P. GROSJEAN , Magistrate Judge . Plaintiff is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. 1983, and has requested leave to proceed in forma pauperis pursuant to 28 U.S.C. 1915. Plaintiff has made the showing required by 1915(a) and accordingly, the application to proceed
Summary: ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS (ECF NOS. 28 & 32) and ORDER DIRECTING PAYMENT OF INMATE FILING FEE BY CALIFORNIA DEPARTMENT OF CORRECTIONS ERICA P. GROSJEAN , Magistrate Judge . Plaintiff is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. 1983, and has requested leave to proceed in forma pauperis pursuant to 28 U.S.C. 1915. Plaintiff has made the showing required by 1915(a) and accordingly, the application to proceed ..
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ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS
(ECF NOS. 28 & 32)
and
ORDER DIRECTING PAYMENT OF INMATE FILING FEE BY CALIFORNIA DEPARTMENT OF CORRECTIONS
ERICA P. GROSJEAN, Magistrate Judge.
Plaintiff is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983, and has requested leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. Plaintiff has made the showing required by § 1915(a) and accordingly, the application to proceed in forma pauperis will be granted. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. 28 U.S.C. § 1915(b)(1). Plaintiff is obligated to make monthly payments in the amount of twenty percent of the preceding month's income credited to Plaintiff's trust account. The California Department of Corrections is required to send to the Clerk of 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).
In accordance with the above and good cause appearing therefore, IT IS HEREBY ORDERED that:
1. Plaintiff's application to proceed in forma pauperis is GRANTED;
2. The Director of the California Department of Corrections or his designee shall collect payments from Plaintiff's prison trust account in an amount equal to twenty per cent (20%) of the preceding month's income credited to the prisoner's trust account and shall forward those payments to the Clerk of the Court each time the amount in the account exceeds $10.00, in accordance with 28 U.S.C. § 1915(b)(2), until a total of $350.00 has been collected and forwarded to the Clerk of the Court. The payments shall be clearly identified by the name and number assigned to this action.
3. The Clerk of the Court is directed to serve a copy of this order and a copy of Plaintiff's in forma pauperis application on the Director of the California Department of Corrections, via the court's electronic case filing system (CM/ECF).
4. The Clerk of the Court is directed to serve a copy of this order on the Financial Department, U.S. District Court, Eastern District of California, Sacramento Division.
5. Within sixty (60) days of the date of service of this order, Plaintiff shall submit a certified copy of his prison trust account statement for the six-month period immediately preceding the filing of the complaint, if Plaintiff has not already done so.
IT IS SO ORDERED.
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
FRESNO DIVISION
RENO FUENTES RIOS CASE NUMBER No. 1:11-cv-00667-EPG (PC)
Plaintiff/Petitioner,
vs. APPLICATION TO PROCEED
IN FORMA PAUPERIS
WARDEN OF CSP-CORCORAN, BY A PRISONER
Defendants/Respondent.
1. RENO FUENTES RIOS E33173, declare that I am the plaintiff in the above-entitled proceeding; that, in support of my request to proceed without prepayment of fees under 28 U.S.C. section 1915, I declare that I am unable to pay the fees for these proceedings or give security there for and that I am entitled to the relief sought in the complaint.
In support of this application, I answer the following questions under penalty of perjury:
Are you currently incarcerated? ✓ ___ Yes ___ No (If "no" DO NOT USE THIS FORM)
State the place of your incarceration, California State Person,
Are you currently employed (includes prison employment) ___ Yes ___ No
a. If the answer is "yes" state the amount of your pay. N/A
b. If the answer is "no" state the date of your last employment, the amount of your take-home salary or wages and pay period, and the name and address of your last employer. N/A
3. Have you received any money from the following sources over the last twelve months?
a. Business, profession, or other self-employment: ___ Yes ___ No
b. Rent payments, interest or dividends: ___ Yes ___ No
c. Pensions, annuities or life insurance payments: ___ Yes ___ No
d. Disability or workers compensation payments: ___ Yes ___ No
e. Gifts or inheritances: ___ Yes ___ No
f. Any other sources: ___ Yes ___ No
If the answer to any of the above is "yes," describe by that item each source of money. Also state the amount received and what you expect you will continue to receive (attach an additional sheet if necessary). N/A
4. Do you have cash (includes balance of checking or savings accounts)? ___ Yes ___ No
If "yes" state the total amount: N/A
5. Do you own any real estate, stocks, bonds, securities, other financial instruments, automobiles or
other valuable property? ___ Yes ___ No
If "yes" describe the property and state its value: N/A
6. Do you have any other assets? ___ Yes ___ No
If "yes," list the asset(s) and state the value of each asset listed: N/A
7. List all persons dependent on you for support, stating your relationship to each person listed and how much you contribute to their support. N/A
IMPORTANT: This form must be dated and signed below in order for the court to consider your application.
I hereby authorize the agency having custody of me to collect from my trust account and forward to the Clerk of the United States District Court payments in accordance with 28 U.S.C. section 1915(b)(2).
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
FRESNO DIVISION
ARCHIE `JOE' BIGGERS ET. AL., CASE NUMBER No. 1:11-cv-00667-EPG (PC)
Plaintiff/Petitioner,
vs. APPLICATION TO PROCEED
IN FORMA PAUPERIS
WARDEN OF CSP-CORCORAN, BY A PRISONER
Defendants/Respondent.
1. RENO FUENTES RIOS, declare that I am the plaintiff in the above-entitled proceeding; that, in support of my request to proceed without prepayment of fees under 28 U.S.C. section 1915, I declare that I am unable to pay the fees for these proceedings or give security there for and that I am entitled to the relief sought in the complaint.
In support of this application, I answer the following questions under penalty of perjury:
Are you currently incarcerated? ✓ ___ Yes ___ No (If "no" DO NOT USE THIS FORM)
State the place of your incarceration, California State Person,
Are you currently employed (includes prison employment) ___ Yes ___ No
a. If the answer is "yes" state the amount of your pay. N/A
b. If the answer is "no" state the date of your last employment, the amount of your take-home salary or wages and pay period, and the name and address of your last employer.
1998 .184 Per hour High Deses fastion prison
3. Have you received any money from the following sources over the last twelve months?
a. Business, profession, or other self-employment: ___ Yes ___ No
b. Rent payments, interest or dividends: ___ Yes ___ No
c. Pensions, annuities or life insurance payments: ___ Yes ___ No
d. Disability or workers compensation payments: ___ Yes ___ No
e. Gifts or inheritances: ___ Yes ___ No
f. Any other sources: ___ Yes ___ No
If the answer to any of the above is "yes," describe by that item each source of money. Also state the amount received and what you expect you will continue to receive (attach an additional sheet if necessary). N/A
4. Do you have cash (includes balance of checking or savings accounts)? ___ Yes ___ No
If "yes" state the total amount: N/A
5. Do you own any real estate, stocks, bonds, securities, other financial instruments, automobiles or
other valuable property? ___ Yes ___ No
If "yes" describe the property and state its value: N/A
6. Do you have any other assets? ___ Yes ___ No
If "yes," list the asset(s) and state the value of each asset listed: N/A
7. List all persons dependent on you for support, stating your relationship to each person listed and how much you contribute to their support. N/A
IMPORTANT: This form must be dated and signed below in order for the court to consider your application.
I hereby authorize the agency having custody of me to collect from my trust account and forward to the Clerk of the United States District Court payments in accordance with 28 U.S.C. section 1915(b)(2).
