McLaughlin v. Felker et al

Filing 9

ORDER FOR PAYMENT OF INMATE FILING FEE signed by Chief Judge Robert H. Whaley on 5/13/10 ORDERING the Director of the CDC to collect and forward payments from the prison trust account of Martin McLaughlin to the clerk until the balance of $350.0 0 is paid in full. The clerk is directed to serve a copy of this order and the plaintiff's IFP on the Director of the CDC. The clerk is directed to serve a copy of this order on the financial department of the court. (cc CDC Prisoner Payment Orders, CFS) (Becknal, R)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 M A R T IN MCLAUGHLIN, P la intiff, v. T . FELKER, M.D. McDONALD, S. A R M O S K U S , R.K. WONG, R. J O H N S O N , C. ADAMS, C.F. B O LLS , K. STAFFORD, G. M A R S H A LL, PERRY, STATTI, R. M A R Q U E Z , MINNICK, R. KEMP, D . DANGLER, and C.J. SPIRK, Defendants. To: The Director of the California Department of Corrections and R e ha b ilita tio n, 1515 S Street, Sacramento, California 95814: P la intiff, a state prisoner proceeding pro se and in forma pauperis, is o b liga te d to pay the statutory filing fee of $350.00 for this action. Plaintiff has been a s s e s s e d an initial partial filing fee of 20 percent of the greater of (A) the average m o n th ly deposits to the inmate's account; or (B) the average monthly balance in the in m a te 's account for the six-month period immediately preceding the filing of his c o m p la in t. Upon payment of that initial partial filing fee, Plaintiff will be obligated to ma k e monthly payments in the amount of twenty percent of the preceding month's inc o me credited to plaintiff's trust account. The California Department of C o rre c tio ns and Rehabilitation is required to send to the Clerk of the Court the O R D E R FOR PAYMENT OF INMATE FILING FEE ~ 1 O R D E R FOR PAYMENT OF I N M A T E FILING FEE N O . CV-08-831-RHW U N IT E D STATES DISTRICT COURT E A S T E R N DISTRICT OF CALIFORNIA

1 initia l partial filing fee and thereafter payments from plaintiff's prison trust account 2 e a c h time the amount in the account exceeds $10.00, until the statutory filing fee of 3 $ 3 5 0 .0 0 is paid in full. 28 U.S.C. § 1915(b)(2). 4 5 G o o d cause appearing therefore, IT IS HEREBY ORDERED that: 1 . The Director of the California Department of Corrections and

6 R e ha b ilita tio n or a designee shall collect from plaintiff's prison trust account an 7 initia l partial filing fee in the amount of 20 percent of the greater of (A) the average 8 m o n th ly deposits to the inmate's account; or (B) the average monthly balance in the 9 in m a te 's account for the six-month period immediately preceding the filing of his 1 0 c o m p la in t and shall forward the amount to the Clerk of the Court. Said payment 1 1 s ha ll be clearly identified by the name and number assigned to this action. 12 2 . Thereafter, the Director of the California Department of Corrections and

1 3 R e ha b ilita tio n or a designee shall collect from plaintiff's prison trust account the 1 4 balance of the filing fee by collecting monthly payments from plaintiff's prison trust 1 5 a c c o unt by collecting monthly payments from plaintiff's prison trust account in an 1 6 a mo unt equal to twenty percent (20%) of the preceding month's income credited to 1 7 the prisoner's trust account and forwarding payments to the Clerk of the Court each 1 8 time the amount in the account exceeds $10.00 in accordance with 28 U.S.C. § 1 9 1 9 1 5 (b )(2 ). The payments shall be clearly identified by the name and number 2 0 a s s igne d to this action. 21 3. The Clerk of the Court is directed to serve a copy of this order and a copy

2 2 o f plaintiff's signed in forma pauperis affidavit on Director, California Department 2 3 o f Corrections and Rehabilitation, 1515 S Street, Sacramento, California 95814. 24 4 . The Clerk of the Court is directed to serve a copy of this order on the

2 5 Fina nc ia l Department of the court. 2 6 /// 27 IT IS SO ORDERED. The District Court Executive is directed to enter this

2 8 O rd e r and forward a copy to Plaintiff. O R D E R FOR PAYMENT OF INMATE FILING FEE ~ 2

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D A T E D this 13 th day of May, 2010.

s/Robert H. Whaley ROBERT H. WHALEY United States District Judge

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O R D E R FOR PAYMENT OF INMATE FILING FEE ~ 3