Opinion
ORDER: 1) GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS; AND 2) DIRECTING PAYMENT OF INMATE FILING FEE BY CALAVERAS COUNTY JAIL (ECF No. 2)
MICHAEL J. SENG, 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. (ECF No. 2) 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 Calaveras County Jail 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 therefor, IT IS HEREBY ORDERED that:
1. Plaintiff's application to proceed in forma pauperis is GRANTED;
2. The Sheriff of the Calaveras County Jail or his designee shall collect payments from plaintiff's prison trust account in an amount equal to twenty percent (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 Sheriff of the Calaveras County Jail 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, Sacramento Division; and
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
I, JON NYLAND, 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. § 1915, I declare that I am unable to pay the fees for these proceedings or give security therefor 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:
1. Are you currently incarcerated: [X] Yes [ ] No (If "No" DO NOT USE THIS FORM)
If "Yes" state the place of your incarceration. Calaveras County Sheriffs Jail
Have the institution fill out the Certificate portion of this application and attach a certified copy of your prison trust account statement showing transactions for the past six months.
2. Are you currently employed? [ ] Yes [X] No
a. If the answer is "Yes" state the amount of your pay.
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. JAN 2015 C.D.C.R. Pay # at C.T.F. I brought home $9.00 per month for 1 Yr.
3. In the past twelve months have you received any money from any of the following sources?
a. Business, profession or other self-employment [ ] Yes [X] No
b. Rent payments, interest or dividends [ ] Yes [X] No
c. Pensions, annuities or life insurance payments [ ] Yes [X] No
d. Disability or workers compensation payments [ ] Yes [X] No
e. Gifts or inheritances [ ] Yes [X] No
f. Any other sources [ ] Yes [X] No
If the answer to any of the above is "Yes" describe by that item each source of money and state the amount received and what you expect you will continue to receive. Please attach an additional sheet if necessary.
4. Do you have cash or checking or savings accounts? [ ] Yes [X] No
If "Yes" state the total amount: _____________________
5. Do you own any real estate, stocks, bonds, securities, other financial instruments, automobiles or other valuable property? [ ] Yes [X] No
If "Yes" describe the property and state its value. ___________________
6. Do you have any other assets? [ ] Yes [X] No
If "Yes" list the asset(s) and state the value of each asset listed.
7. List the persons who are dependent on you for support, state your relationship to each person and indicate how much you contribute to their support.
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. § 1915(b)(2).
I declare under penalty of perjury that the above information true and correct.
CERTIFICATE
(To be completed by the institution of incarceration)
I certify that the applicant named herein has the sum of $ _______ on account to his/her credit at ___________ (name of institution). I further certify that during the past six months the applicant's average monthly balance was $ ______________. I further certify that during the past six months the average of monthly deposits to the applicant's account was $ ______
(Please attach a certified copy of the applicant's trust account statement showing transactions for the past six months.)