Cochran v. Wardian et al

Filing 12

ORDER Directing Monthly Payments be made from Prison Account of Howard Cochran. Signed by Senior Judge Robert C Broomfield on 4/25/12. (LFIG)

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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 10 Howard Cochran, Plaintiff, 11 12 vs. 13 Mark Wardian, et al., Defendants. 14 ) ) ) ) ) ) ) ) ) ) No. CV 11-2538-PHX-RCB (JFM) ORDER FOR PAYMENT OF REMAINING BALANCE OF INMATE FILING FEE 15 16 TO: THE DIRECTOR OF THE ARIZONA DEPARTMENT OF CORRECTIONS 17 Plaintiff Howard Cochran, inmate #236701, who is confined in the Arizona State 18 Prison Complex, Cimarron Unit, in Tucson, Arizona, has been assessed the statutory filing 19 fee of $350.00 for this action. See 28 U.S.C. § 1915(b)(1). An Order to collect the filing fee 20 was previously issued to the Maricopa County Sheriff. (Doc. 6.) Plaintiff, who has since 21 been transferred to the custody of the Arizona Department of Corrections, still owes the 22 Court $350.00. Therefore, the Director or his designee will be required to incrementally 23 collect the $350.00 balance of the fee from Plaintiff’s inmate trust account and forward 24 payments to the Clerk of Court. 25 IT IS ORDERED: 26 (1) The reference to the Magistrate Judge is withdrawn only with respect to the 27 filing fee. All other matters in this action remain with the Magistrate Judge for disposition 28 as appropriate. 1 (2) The Director of the Arizona Department of Corrections or his designee must 2 collect the $350.00 balance of the filing fee from Plaintiff’s trust account in monthly 3 payments of 20% of the preceding month’s income credited to Plaintiff’s trust account. 4 Payment must be forwarded to the Clerk of Court each time the amount in the account 5 exceeds $10.00. The payments must be clearly identified by the name and number assigned 6 to this action. 7 (3) The Director of the Arizona Department of Corrections or his designee must 8 notify the Clerk of Court in writing when Plaintiff is released or transferred to a correctional 9 institution other than the Arizona Department of Corrections, so new billing arrangements 10 11 12 13 14 15 may be made to collect any outstanding balance. (4) The Clerk of Court must serve by mail a copy of this Order on the Director of the Arizona Department of Corrections, 1601 West Jefferson, Phoenix, Arizona, 85007. (5) The Clerk of Court must forward a copy of this Order to Financial Administration for the Phoenix Division of the United States District Court. DATED this 25th day of April, 2012. 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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