Jennings v. Moreland et al

Filing 13

ORDER signed by Senior Judge Howard D. McKibben on 2/5/2009 ORDERING Plaintiff is obligated to pay the statutory filing fee of $350 for this action; and that the Director of the CDCR shall collect from pltf's prison trust account an initial partial filing fee, and shall forward the amount to the Clerk of the Court. The Clerk of the Court is directed to serve a copy of this order and a copy of pltf's signed in forma pauperis affidavit on Director, CDCR and the Clerk of the Court is directed to serve a copy of this order on the Financial Department of the court. (Attachments: # 1 IFP Affidavit)(Reader, L)

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 To: The Director of the California Department of Corrections and Rehabilitation, 1515 S Street, Sacramento, California 95814. MATTHEW JENNINGS, ) ) Plaintiff, ) ) vs. ) ) A. MORELAND, et al., ) ) Defendants. ) _________________________________ ) 2:08-cv-01305-HDM-RAM ORDER FOR PAYMENT OF INMATE FILING FEE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

Plaintiff, a state prisoner proceeding pro se and in forma pauperis, is obligated to pay the statutory filing fee of $350.00 for this action. Plaintiff has been assessed an initial partial

filing fee of $1.77 for this action pursuant to 28 U.S.C. § 1915(b)(1). Upon payment of that initial partial filing fee,

plaintiff will be obligated to make monthly payments in the amount of twenty percent of the preceding month's income credited to 1

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plaintiff's trust account.

The California Department of

Corrections and Rehabilitation is required to send to the Clerk of the Court the initial partial filing fee and thereafter payments from plaintiff's prison trust account each time the amount in the account exceeds $10.00, until the statutory filing fee of $350.00 is paid in full. 28 U.S.C. § 1915(b)(2).

Good cause appearing therefore, IT IS HEREBY ORDERED that: 1. The Director of the California Department of Corrections and Rehabilitation or a designee shall collect from plaintiff's prison trust account an initial partial filing fee in the amount of $1.77 and shall forward the amount to the Clerk of the Court. Said

payment shall be clearly identified by the name and number assigned to this action. 2. Thereafter, the Director of the California Department of Corrections and Rehabilitation or a designee shall collect from plaintiff's prison trust account the $348.23 balance of the filing fee by collecting monthly payments from plaintiff's prison trust account in an amount equal to twenty percent (20%) of the preceding month's income credited to the prisoner's trust account and forwarding payments to the Clerk of the Court each time the amount in the account exceeds $10.00 in accordance with 28 U.S.C. § 1915(b)(2). The payments shall be clearly identified by the name

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

4. The Clerk of the Court is directed to serve a copy of this 2

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order on the Financial Department of the court. DATED: This 5th day of February, 2009.

____________________________ UNITED STATES DISTRICT JUDGE

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