Abpikar v. Martin et al

Filing 9

AMENDED ORDER Granting Application to Proceed in Forma Pauperis 2 and AMENDED ORDER Directing Payment of Inmate Filing Fee by Lompoc Federal Correctional Institution, signed by Magistrate Judge Dennis L. Beck on 11/17/11. (Verduzco, M)

Download PDF
1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 FRESNO DIVISION 10 11 HASSAN ABPIKAR, 12 1:11-cv-01793-LJO-DLB (PC) Plaintiff, 13 v. 14 AMENDED ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS and AMENDED ORDER DIRECTING PAYMENT OF INMATE FILING FEE BY LOMPOC FEDERAL CORRECTIONAL INSTITUTION MARTIN, et al., 15 16 17 Defendants. _____________________________/ Plaintiff is a federal prisoner proceeding pro se pursuant to to Bivens v. Six Unknown Fed. 18 Narcotics Agents, 403 U.S. 388 (1971), and has requested leave to proceed in forma pauperis 19 pursuant to 28 U.S.C. § 1915. Plaintiff has made the showing required by § 1915(a) and 20 accordingly, the request to proceed in forma pauperis will be granted. Plaintiff is obligated to pay 21 the statutory filing fee of $350.00 for this action. 28 U.S.C. § 1915(b)(1). Plaintiff is obligated to 22 make monthly payments in the amount of twenty percent of the preceding month’s income credited 23 to plaintiff’s trust account. The Lompoc Federal Correctional Institution is required to send to the 24 Clerk of the Court payments from plaintiff’s account each time the amount in the account exceeds 25 $10.00, until the statutory filing fee is paid in full. 28 U.S.C. § 1915(b)(2). 26 27 28 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; -1- 1 2. The Warden of Lompoc Federal Correctional Institution or his designee shall 2 collect payments from plaintiff’s prison trust account in an amount equal to twenty per cent 3 (20%) of the preceding month’s income credited to the prisoner’s trust account and shall 4 forward those payments to the Clerk of the Court each time the amount in the account exceeds 5 $10.00, in accordance with 28 U.S.C. § 1915(b)(2), until a total of $350.00 has been collected 6 and forwarded to the Clerk of the Court. The payments shall be clearly identified by the name 7 and number assigned to this action. 8 9 10 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 Warden of Lompoc Federal Correctional Institution, via United States Postal Service. 11 12 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. 13 5. Within thirty (60) days of the date of service of this order, plaintiff shall submit a 14 certified copy of his/her prison trust account statement for the six-month period immediately 15 preceding the filing of the complaint, if plaintiff has not already done so. 16 17 18 IT IS SO ORDERED. Dated: 77e0d6 November 17, 2011 /s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28 -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?