Benitez v. Arpaio et al

Filing 21

ORDER Directing Monthly Payments of Remaining Balance of Inmate Filing Fee be made from Prison Account of Sergio Cortez Benitez. Signed by Senior Judge Robert C Broomfield on 3/17/13. (REW)

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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 Sergio Cortez Benitez, Plaintiff, 10 11 vs. 12 Joseph M. Arpaio, et al., Defendants. 13 ) ) ) ) ) ) ) ) ) ) No. CV 12-0560-PHX-RCB (JFM) ORDER FOR PAYMENT OF REMAINING BALANCE OF INMATE FILING FEE 14 15 TO: THE DIRECTOR OF THE ARIZONA DEPARTMENT OF CORRECTIONS 16 Plaintiff Sergio Cortez Benitez, inmate #278848, who is confined in the Arizona State 17 Prison Complex-Eyman, Meadows Unit, in Florence, Arizona, has been assessed the 18 statutory filing fee of $350.00.00 for this action. See 28 U.S.C. § 1915(b)(1). An Order 19 (Doc. 6) to collect the filing fee was previously issued to the Maricopa County Sheriff. 20 Plaintiff, who has since been transferred to the custody of the Arizona Department of 21 Corrections, still owes the Court $350.00. Therefore, the Director or his designee will be 22 required to incrementally collect the $350.00 balance of the fee from Plaintiff’s inmate trust 23 account and forward payments to the Clerk of Court. 24 IT IS ORDERED: 25 (1) The reference to the Magistrate Judge is withdrawn only with respect to the 26 filing fee. All other matters in this action remain with the Magistrate Judge for disposition 27 as appropriate. 28 1 (2) The Director of the Arizona Department of Corrections or hia 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 17th day of March, 2013. 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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