Moffett

(PC) Bland v. Moffett

Good Law
United States District Court, Eastern District of CaliforniaAugust 2, 20191:19-cv-01030California391 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 9 JOSHUA DAVIS BLAND, Case No. 1:19-cv-01030-JDP Plaintiff, ORDER DIRECTING PLAINTIFF TO FILE A

NEW APPLICATION TO PROCEED IN

v. FORMA PAUPERIS WITHIN FOURTEEN

DAYS

D. MOFFETT, et al., ECF No. 2 Defendants. 15 Plaintiff Joshua Davis Bland is a state prisoner proceeding without counsel in this civil rights action brought under 42 U.S.C. § 1983. On July 17, 2019, plaintiff filed an application to proceed in forma pauperis under 28 U.S.C. § 1915. ECF No. 2. The in forma pauperis statute still requires that prisoners pay their filing fees. More specifically, prisoners are “required to make monthly payments of 20 percent of the preceding month’s income credited to the prisoner’s account.” 28 U.S.C. § 1915(b)(2). However, Bland’s application contains a handwritten note that he does “not consent to 28 U.S.C. § 1915(b)(2) as it is unconstitutional.” ECF No. 2 at 2. The provision to which plaintiff objects is in fact…

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