IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
May 28, 2010
DANNY BELL, PLAINTIFF,
R. HILL, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Craig M. Kellison United States Magistrate Judge
Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the court is plaintiff's motion for an extension of time (Doc. 5) to resolve the fee status of this case, as well as his application to proceed in forma pauperis (Doc. 6). Plaintiff's complaint will be addressed separately.
On May 20, 2010, the court received Plaintiff's request for additional time to submit his application. On May 24, 2010, the court received the application. Therefore, the request for additional time will be denied as moot.
Plaintiff has submitted a declaration that makes the showing required by 28 U.S.C. § 1915(a). The request to proceed in forma pauperis will, therefore, be granted.
Accordingly, IT IS HEREBY ORDERED that:
1. Plaintiff's motion for an extension of time (Doc. 5) is denied as moot;
2. Plaintiff's motion for leave to proceed in forma pauperis (Doc. 6) is granted;
3. Plaintiff is required to pay the full statutory filing fee of $350.00 for this action pursuant to 28 U.S.C. §§ 1914(a) and 1915(b)(1);
4. No initial partial filing fee will be assessed pursuant to 28 U.S.C. § 1915(b)(1); and
5. Plaintiff will be obligated for monthly payments of twenty percent of the preceding month's income credited to plaintiff's inmate trust account, such payments to be forwarded by the appropriate agency to the Clerk of the Court each time the amount in plaintiff's account exceeds $10.00, until the statutory filing fee is paid in full, pursuant to 28 U.S.C. § 1915(b)(2).
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