LaFaele v. Arnold et al

Filing 8

ORDER signed by Senior Judge John C. Coughenour on 4/21/09 ORDERING the Director of Corrections to collect filing fee from pltf's prison trust account; clerk is directed to serve a copy of this order and a copy of pltf's IFP affidavit on th e CDC Direcotr, and the clerk is also directed to serve a copy of this order on the financial dept of the court. (Attachments: # 1 IFP Application)(cc: CDC Director, Financial Dept USDC)(Carlos, K) Modified on 4/21/2009 (Carlos, K). Modified on 4/21/2009 (Carlos, K).

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1 2 3 4 5 6 TOVIA LAFAELE 7 Plaintiff, 8 v. 9 J. ARNOLD, J. L. HERRERA, 10 Defendants. 11 12 To: The Director of the California Department of Corrections and Rehabilitation, 1515 S ORDER FOR PAYMENT OF INMATE FILING FEE CASE NO. C08-0958-JCC UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 13 Street, Sacramento, California 98514: 14 Plaintiff, a state prisoner proceeding pro se and in forma pauperis, must pay the statutory 15 filing fee of $350.00 for this action. Although the Court is not requiring Plaintiff to pay an initial 16 partial filing fee, Plaintiff is still obligated to make monthly payments in the amount of twenty 17 percent (20%) of the preceding month's income credited to Plaintiff's trust account. The California 18 Department of Corrections and Rehabilitation is required to send to the Clerk of the Court 19 payments from Plaintiff's prison trust account each time the amount in the account exceeds 20 $10.00, until the statutory filing fee of $350.00 is paid in full. 28 U.S.C. 1915(b)(2). 21 22 23 Accordingly, IT IS HEREBY ORDERED that: 1. The Director of the California Department of Corrections and Rehabilitation or a ORDER - 1 1 designee shall collect from Plaintiff's prison trust account the $350 filing fee by collecting 2 monthly payments from Plaintiff's prison trust account in an amount equal to twenty percent 3 (20%) of the preceding month's income credited to the prisoner's trust account. The Director or 4 designee shall forward payments to the Clerk of the Court each time the amount in the account 5 exceeds $10.00 until the filing fee is paid. 28 U.S.C. 1915(b)(2). The payments shall be clearly 6 identified by the case name and number assigned to this action. 7 2. The Clerk of the Court is directed to serve a copy of this Order and a copy of Plaintiff's 8 signed in forma pauperis affidavit on Director, California Department of Corrections and 9 Rehabilitation, 1515 S Street, Sacramento, California 95814. 10 3. The Clerk of the Court is directed to serve a copy of this order on the Financial 11 Department of the Court. 12 13 14 15 16 17 18 19 20 21 22 23 Dated this 21st day of April, 2009. A John C. Coughenour UNITED STATES DISTRICT JUDGE ORDER - 2

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