(PC) Huff v. Moore

Opinion

JORDAN HUFF, Case No. 1:19-cv-01248-BAM (PC) Plaintiff, ORDER GRANTING PLAINTIFF’S APPLICATION TO PROCEED IN FORMA v. PAUPERIS THOMAS MOORE, et al., (ECF No. 2) Defendants. ORDER DIRECTING PAYMENT OF INMATE FILING FEE BY USP Plaintiff Jordan Huff is a federal prisoner proceeding pro se in this civil rights action pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971). Currently before the Court is Plaintiff’s application to proceed in forma pauperis pursuant to 28 U.S.C. § 1915, filed on September 9, 2019. (ECF No. 2.) Plaintiff’s application includes a prison trust account statement that reflects the activity in Plaintiff’s prison trust account for the last six months. Since Plaintiff has made the showing required by § 1915, 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 (20%) of the preceding month’s income credited to Plaintiff’s trust account. The Warden of USP Victorville is required to send to the Clerk of the Court payments from Plaintiff’s trust 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). Accordingly, IT IS HEREBY ORDERED that: 1. Plaintiff's application to proceed in forma pauperis, (ECF No. 2), is GRANTED; 2. The Warden of USP Victorville or his/her 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 Warden of USP Victorville, U.S. Penitentiary, P.O. Box 5400, Adelanto, CA 92301; and 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. IT IS SO ORDERED.

Dated: September 20, 2019 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE