Lupe Nieto Jr. v. Hodge et al

Filing 25

ORDER to CDCR to Collect Court Filing Fees, signed by Magistrate Judge Jennifer L. Thurston on 9/23/11. (Attachments: # 1 IFP Application)(Verduzco, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LUPE NIETO, JR.,

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Plaintiff,
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vs.
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DRAKE HODGE, et al.,
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Defendants.
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__________________________________ )

Case No. 1:10-cv-01397-AWI-JLT
ORDER TO CDCR TO COLLECT COURT
FILING FEES

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Lupe Nieto, Jr. (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis

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with a civil rights action pursuant to 42 U.S.C. § 1983. At the time that Plaintiff’s IFP motion

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was granted, he was in the custody of the Fresno County Sheriff’s Department. (Doc. 4)

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Currently, he is in the custody of the California Department of Corrections and Rehabilitation

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and is housed at Wasco State Prison. (Doc. 23)

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Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. 28 U.S.C. §

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1915(b)(1). To date, Plaintiff has made no payments toward the filing fee. Plaintiff is obligated

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to make monthly payments in the amount of twenty percent of the proceeding month’s income

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credited to plaintiff's trust account. The California Department of Corrections is required to send

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to the Clerk of the Court payments from plaintiff's account each time the amount in the account

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exceeds $10.00, until the statutory filing fee is paid in full. 28 U.S.C. § 1915(b)(2).

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In accordance with the above and good cause appearing therefore, IT IS HEREBY
ORDERED,
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The Director of the California Department of Corrections or his designee shall

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collect payments from plaintiff’s prison trust account in an amount equal to twenty percent (20%)

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of the preceding month's income credited to the prisoner's trust account and shall forward those

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payments to the Clerk of the Court each time the amount in the account exceeds $10.00, in

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accordance with 28 U.S.C. § 1915(b)(2), until a total of $350.00 has been collected and

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forwarded to the Clerk of the Court. The payments shall be clearly identified by the name and

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case number assigned to this action.

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2.

The Clerk of the Court is directed to serve a copy of this order and a copy of

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plaintiff’s in forma pauperis application on the Director of the California Department of

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Corrections, via the court's electronic case filing system (CM/ECF).

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3.

The Clerk of Court is directed to serve a copy of this order on the Financial

Department, 12 U.S. District Court, Eastern District of California, Fresno Division.
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Within sixty (60) days of the date of service of this order, plaintiff shall submit a

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certified copy of his/her prison trust account statement for the six-month period immediately

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preceding the filing of the complaint, if plaintiff has not already done so.

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IT IS SO ORDERED.

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Dated: September 23, 2011
9j7khi

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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