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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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Howard Cochran,
Plaintiff,

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vs.

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Mark Wardian, et al.,
Defendants.

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No. CV 11-2538-PHX-RCB (JFM)
ORDER FOR PAYMENT
OF REMAINING BALANCE
OF INMATE FILING FEE

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TO: THE DIRECTOR OF THE ARIZONA DEPARTMENT OF CORRECTIONS

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Plaintiff Howard Cochran, inmate #236701, who is confined in the Arizona State

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Prison Complex, Cimarron Unit, in Tucson, Arizona, has been assessed the statutory filing

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fee of $350.00 for this action. See 28 U.S.C. § 1915(b)(1). An Order to collect the filing fee

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was previously issued to the Maricopa County Sheriff. (Doc. 6.) Plaintiff, who has since

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been transferred to the custody of the Arizona Department of Corrections, still owes the

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Court $350.00. Therefore, the Director or his designee will be required to incrementally

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collect the $350.00 balance of the fee from Plaintiff’s inmate trust account and forward

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payments to the Clerk of Court.

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IT IS ORDERED:

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(1)

The reference to the Magistrate Judge is withdrawn only with respect to the

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filing fee. All other matters in this action remain with the Magistrate Judge for disposition

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as appropriate.

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(2)

The Director of the Arizona Department of Corrections or his designee must

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collect the $350.00 balance of the filing fee from Plaintiff’s trust account in monthly

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payments of 20% of the preceding month’s income credited to Plaintiff’s trust account.

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Payment must be forwarded to the Clerk of Court each time the amount in the account

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exceeds $10.00. The payments must be clearly identified by the name and number assigned

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to this action.

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(3)

The Director of the Arizona Department of Corrections or his designee must

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notify the Clerk of Court in writing when Plaintiff is released or transferred to a correctional

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institution other than the Arizona Department of Corrections, so new billing arrangements

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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.

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