UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
March 4, 2010
KAYSAM KENT SMITH, PLAINTIFF,
AMTRAK RAILWAYS, U.S.A., DEFENDANT.
The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge
ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS (Document 2)
Plaintiff Kaysam Kent Smith ("Plaintiff") is a federal prisoner proceeding pro se in this action. Plaintiff filed his complaint on March 1, 2010, and is seeking leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915.
Plaintiff has submitted a declaration that makes the showing required by Section 1915(a). Accordingly, the request to proceed in forma pauperis will be granted.*fn1 28 U.S.C. § 1915(a).
Pursuant to 28 U.S.C. § 1915(b)(1), enacted April 26, 1996, Plaintiff is required to pay the statutory filing fee of $350.00 for this action.*fn2 Plaintiff has been without funds for six months and is currently without funds. Accordingly, the Court will not assess an initial partial filing fee. 28 U.S.C. § 1915(b)(1).
Plaintiff is obligated to make monthly payments of 20 percent of the preceding month's income credited to his prison trust account. These payments shall be collected and forwarded by the appropriate agency to the Clerk of the Court each time the amount in Plaintiff's account exceeds $10.00, until the filing fee is paid in full. 28 U.S.C. § 1915(b)(2).
In accordance with the above, IT IS HEREBY ORDERED that:
1. Plaintiff's request for leave to proceed in forma pauperis is GRANTED;
2. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. The fee shall be collected and paid in accordance with this Court's order to the Warden of the Taft Correctional Institute.
IT IS SO ORDERED.