(PC) Cragg v. Garland

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA EDWARD PAUL CRAGG, Case No. 1:24-cv-01124-EPG (PC) Plaintiff, ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS AND v. ORDER DIRECTING PAYMENT OF INMATE FILING FEE BY TAFT GARLAND et al., COMMUNITY CORRECTIONAL FACILITY 16 Defendants.

18 Plaintiff is a federal pretrial detainee proceeding pro se pursuant to 42 U.S.C. § 1983 and Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. 388 (1971) 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).

23 Plaintiff is obligated to make monthly payments in the amount of twenty percent (20%) of the preceding month’s income credited to Plaintiff’s trust account. Taft Community Correctional Facility 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).

28 In accordance with the above and good cause appearing therefore, IT IS HEREBY ORDERED that: 1 1. Plaintiff's application to proceed in forma pauperis is GRANTED; 2 2. The Warden of Taft Community Correctional Facility or his designee shall 3 collect payments from Plaintiff’s prison trust account in an amount equal to 4 twenty percent (20%) of the preceding month’s income credited to the prisoner’s 5 trust account and shall forward those payments to the Clerk of the Court each 6 time the amount in the account exceeds $10.00, in accordance with 28 U.S.C. 7 § 1915(b)(2), until a total of $350.00 has been collected and forwarded to the 8 Clerk of the Court. The payments shall be clearly identified by the name and 9 number assigned to this action.

10 3. The Clerk of the Court is directed to serve a copy of this order and a copy of 1] Plaintiff's in forma pauperis application on the Warden of Taft Community 12 Correctional Facility, at P.O. Box 925, Taft, CA 93268.

13 4. The Clerk of the Court is directed to serve a copy of this order on the Financial 14 Department, U.S. District Court, Eastern District of California, Sacramento Division.

15 5. The Clerk of the Court is directed to serve a copy of this order on Plaintiff.

IS SO ORDERED. | Dated: _ September 23, 2024 [Jee hey □ 19 UNITED STATES MAGISTRATE JUDGE