ZUNIGA v. JORDAN (E.D.Cal. 7-15-2009)


LARRY ZUNIGA, Plaintiff, v. CHRIS JORDAN, et al., Defendants.

1:09-cv-01208-SMS (PC).United States District Court, E.D. California, Fresno Division.
July 15, 2009

ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS (#2) and ORDER DIRECTING PAYMENT OF INMATE FILING FEE BY KINGS COUNTY SHERIFF
SANDRA SNYDER, Magistrate Judge

Plaintiff is a prisoner proceeding pro se 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 request 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 Kings County Sheriff 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;

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2. The Sheriff of Kings County or his designee shall collectpayments from plaintiff’s prison trust account in an amount equalto twenty per cent (20%) of the preceding month’s income creditedto the prisoner’s trust account and shall forward those paymentsto the Clerk of the Court each time the amount in the accountexceeds $10.00, in accordance with 28 U.S.C. § 1915(b)(2), untila total of $350.00 has been collected and forwarded to the Clerkof the Court. The payments shall be clearly identified by thename 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 Sheriff of Kings County, 1444 West Lacey Boulevard, Hanford, California 93230 via the United States Postal Service.

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, Fresno 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 complain, if plaintiff has not already done so.

IT IS SO ORDERED.

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