Miller v. Aguillar et al

Filing 16

ORDER Directing Monthly Payments be made from Prison Account of William Miller. Signed by Senior Judge Robert C Broomfield on 4/22/13. (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 William Miller, 10 11 12 No. CV 12-2321-PHX-RCB (BSB) Plaintiff, vs. ORDER FOR PAYMENT David Aguillar, et al., 13 Defendants. OF REMAINING BALANCE OF INMATE FILING FEE 14 15 TO: THE DIRECTOR OF THE ARIZONA DEPARTMENT OF CORRECTIONS 16 Plaintiff William Miller, inmate #116524, who is confined in the Arizona State 17 Prison Complex-Florence, has been assessed the statutory filing fee of $350.00 for this 18 action. See 28 U.S.C. § 1915(b)(1). An Order (Doc. 6) to collect the filing fee was 19 previously issued to the Maricopa County Sheriff. 20 transferred to the custody of the Arizona Department of Corrections, still owes the Court 21 $350.00. Therefore, the Director or his designee will be required to incrementally collect 22 the $350.00 balance of the fee from Plaintiff’s inmate trust account and forward 23 payments to the Clerk of Court. 24 IT IS ORDERED: Plaintiff, who has since been 25 (1) The reference to the Magistrate Judge is withdrawn only with respect to the 26 filing fee.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 27 disposition as appropriate. 28 1 (2) The Director of the Arizona Department of Corrections or his designee 2 must collect the $350.00 balance of the filing fee from Plaintiff’s trust account in 3 monthly payments of 20% of the preceding month’s income credited to Plaintiff’s trust 4 account. Payment must be forwarded to the Clerk of Court each time the amount in the 5 account exceeds $10.00. The payments must be clearly identified by the name and 6 number assigned to this action. 7 (3) The Director of the Arizona Department of Corrections or his designee 8 must notify the Clerk of Court in writing when Plaintiff is released or transferred to a 9 correctional institution other than the Arizona Department of Corrections, so new billing 10 arrangements may be made to collect any outstanding balance. 11 (4) The Clerk of Court must serve by mail a copy of this Order on the Director 12 of the Arizona Department of Corrections, 1601 West Jefferson, Phoenix, Arizona, 13 85007. 14 15 16 (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 22nd day of April, 2013. 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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