FYKES v. ZUNIGA

No. 1:17-cv-00344-SAB (PC).

MICHAEL A. FYKES, Plaintiff, v. RAFAEL ZUNIGA, et al., Defendants.

United States District Court, E.D. California.

Editors Note
Applicable Law: 28 U.S.C. § 1331
Cause: 28 U.S.C. § 1331 Federal Question: Bivens Act
Nature of Suit: 550 Prisoner: Civil Rights
Source: PACER


Attorney(s) appearing for the Case

Michael Alvarez Fykes, Plaintiff, Pro Se.


ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS and

ORDER DIRECTING PAYMENT OF INMATE FILING FEE BY FCI MENDOTA

STANLEY A. BOONE, Magistrate Judge.

Plaintiff is a federal prisoner proceeding pro se pursuant to 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). Plaintiff is obligated to make monthly payments in the amount of twenty percent of the preceding month's income credited to Plaintiff's trust account. FCI Mendota 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).

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; 2. The Warden of FCI Mendota or his 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 FCI Mendota, at P.O. Box 39, Mendota, CA 93640. 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, Sacramento Division. 5. Within thirty (60) days of the date of service of this order, Plaintiff shall submit a certified copy of his/her prison trust account statement for the six-month period immediately preceding the filing of the complaint, if Plaintiff has not already done so.

IT IS SO ORDERED.

Name: Michael Alvarez Fykes CDC No: 23916-013 Address: P.O. BOX 9 MENDOTA, CA 93640

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION

MICHAEL ALVAREZ FYKES CASE NUMBER: 1:17-CV-00344-SAB(PC) Plaintiff/Petitioner, vs. APPLICATION TO PROCEED IN FORMA PAUPERIS RAFAEL ZUNIGA, WARDEN BY A PRISONER S. SCOTT, UNIT MANAGER MARY M. MITCHELL, REGIONAL, DIRECTOR Defendants/Respondent.

I, Michael Alvarez Fykes, declare that I am the plaintiffs the above entitled proceeding that, in support of my request to proceed without prepayment of fees under 28 U.S.C. section P915, declare that I am unable to pay the fees for these proceedings or give security therefor and that I am entitled to the relief sought in the complaint.

In support of this application, I answer the following questions under penalty of perjury:

1. Are you currently incarcerated? X Yes ___ No (If "no" DO NOT USE THIS FORM) State the place of your incarceration. Mendota, Institution

2. Are you currently employed (includes prison employment)? ___ Yes X No

a. If the answer is "yes" state the amount of your pay. _______________ b. If the answer is "no" state the date of your last employment, the amount of your take-home salary or wages and pay period, and the name and address of your last employer.

3. Have you received any money from the following sources over the last twelve months?

a. Business, profession, or other self-employment: ___ Yes X No b. Rent payments, interest or dividends: ___ Yes X No c. Pensions, annuities or life insurance payments: ___ Yes X No d. Disability or workers compensation payments: ___ Yes X NO e. Gifts or inheritances: ___ Yes X No f. Any other sources: ___ Yes X No

If the answer to any of the above is "yes," describe by that item each source of money. Also state the amount received and what you expect you will continue to receive (attach an additional sheet if necessary).

4. Do you have cash (includes balance of checking or savings accounts)? ___ Yes X No

If "yes" state the total amount: ________________

5. Do you own any real estate, stocks, bonds, securities, other financial instruments, automobiles or other valuable property? ___ Yes X No

If "yes" describe the property and state its value: ____________________

6. Do you have any other assets? ___ Yes X No

If "yes," list the asset(s) and state the value of each asset listed:

7. List all persons dependent on you for support, stating your relationship to each person listed and how much you contribute to their support.

IMPORTANT: This form must be dated and signed below in order for the court to consider your application.

I hereby authorize the agency having custody of me to collect from my trust account and forward to the Clerk of the United States District Court payments in accordance with 28 U.S.C. section 1915(b)(2).

March 4, 2017. _______________________________ DATE SIGNATURE OF APPLICANT

NOTE: Within sixty days from the date of this application you must forward to the court a certified copy of your prison trust account statement showing transactions for the past six months.


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