Beckham v. Macado et al

Filing 11

ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS AND DIRECTING PAYMENT OF INMATE FILING FEE BY CDC signed by District Judge Edward F. Shea on 01/08/2009 GRANTING 2 Application filed by Alan Beckham. IT IS ORDERED that Plaintiff is still obl igated to pay the entire $350 filing fee. The CDC shall a collect payment from Plaintiff's prison trust accout in an amount equal to 20% of the preceding month's income credited to the prisoner's trust account and shall forwa rd those payments to the Clerk of the Court each time the account amount exceeds $10 until the $350 filing fee is paid in full. The Clerk is directed to serve a copy of this Order and a copy of the Plaintiff's Application to proceed IFP on the CDC and the Financial Dept. of the Court. (cc Financial and CDC Prison Payment Orders) (Attachments: # 1 IFP Application)(Streeter, J)

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 Before the Court is pro se state prisoner Plaintiff Alan Beckham's Application to Proceed In Forma Pauperis (Ct. Rec. 2), filed October 27, 2008. Plaintiff asserts that he is unable to pay the full $350.00 filing v. HUGO MERCADO and AGENT BELL, Defendants. ALAN BECKHAM, Plaintiff, NO. CV-08-2550-EFS ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS AND DIRECTING PAYMENT OF INMATE FILING FEE BY CALIFORNIA DEPARTMENT OF CORRECTIONS UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

fee or provide the necessary security. After review, IT IS HEREBY ORDERED: 1. Plaintiff's Application to Proceed In Forma Pauperis (Ct. Rec. 2) is GRANTED. Despite being granted in forma pauperis status, Plaintiff 28 U.S.C.

is still obligated to pay the entire $350.00 filing fee. § 1915(b)(1).

2. The Court assesses an initial partial filing fee of $0.00.

This

amount represents twenty (20) percent of the greater of (A) the average monthly deposits to the prisoner's account ($0.00); or (B) the average ORDER * 1

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monthly

balance

in

the

prisoner's

account

for

the

6-month

period

immediately preceding the filing of his complaint ($0.00).

See id.

3. The Director of the California Department of Corrections or his designee (hereinafter collectively referred to as "Director") shall collect and forward the $0.00 initial partial filing fee to the Clerk of the Court. 4. The Director shall also collect payments from Plaintiff's prison trust account in an amount equal to twenty (20) percent of the preceding month's income credited to the prisoner's trust account and shall forward those payments to the Clerk of the Court each time the account amount exceeds $10.00 until the $350.00 filing fee is paid in full. U.S.C. § 1915(b)(2). See 28

The payments shall clearly identify the prisoner's

name and cause number assigned to this action. 5. The Clerk of the Court is directed to serve a copy of this Order and a copy of Plaintiff's Application to Proceed In Forma Pauperis on the Director at the following address: 1515 S Street, Sacramento, California 95814. 6. The Clerk of the Court is directed to serve a copy of this Order on the Financial Department, U.S. District Court, Eastern District of California, Sacramento Division. 7. Plaintiff's custodian should notify the Court in the event Plaintiff is released from incarceration. \\ \\ \\

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IT IS SO ORDERED. The District Court Executive is directed to enter this Order and forward a copy to Plaintiff. DATED this 8th day of January 2009.

S/ Edward F. Shea EDWARD F. SHEA United States District Judge
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