Ireland v. Marsh

Filing 10

ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Rod Irelandsigned by Chief Judge Robert H. Whaley on 5/17/10. The Clerk is directed to serve a copy of this order and a copy of Plaintiff's signed IFP affidavit on Director, CDC and Rehabilitation, 1515 S Street, Sacramento, CA 95814, and on the Financial Department of the court.(Mena-Sanchez, L)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 To: The Director of the California Department of Corrections and 17 Rehabilitation, 1515 S Street, Sacramento, California 95814: Plaintiff, a state prisoner proceeding pro se and in forma pauperis, is 18 19 obligated to pay the statutory filing fee of $350.00 for this action. Plaintiff has 20 been assessed an initial partial filing fee of 20 percent of the greater of (A) the 21 average monthly deposits to the inmate's account; or (B) the average monthly 22 balance in the inmate's account for the six-month period immediately preceding 23 the filing of his complaint. Upon payment of that initial partial filing fee, Plaintiff will be obligated to 24 25 make monthly payments in the amount of twenty percent of the preceding month's 26 income credited to plaintiff's trust account. The California Department of 27 Corrections and Rehabilitation is required to send to the Clerk of the Court the 28 initial partial filing fee and thereafter payments from plaintiff's prison trust ORDER FOR PAYMENT OF INMATE FILING FEE ~ 1 ROD IRELAND, Plaintiff, v. RON MARSH and SOLANO COUNTY JAIL SHERIFF GARY STANTON, Defendants. ORDER FOR PAYMENT OF INMATE FILING FEE NO. CV-08-2628-RHW UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

1 account each time the amount in the account exceeds $10.00, until the statutory 2 filing fee of $350.00 is paid in full. 28 U.S.C. § 1915(b)(2). 3 4 Good cause appearing therefore, IT IS HEREBY ORDERED that: 1. The Director of the California Department of Corrections and

5 Rehabilitation or a designee shall collect from plaintiff's prison trust account an 6 initial partial filing fee in the amount of 20 percent of the greater of (A) the 7 average monthly deposits to the inmate's account; or (B) the average monthly 8 balance in the inmate's account for the six-month period immediately preceding 9 the filing of his complaint and shall forward the amount to the Clerk of the Court. 10 Said payment shall be clearly identified by the name and number assigned to this 11 action. 12 2. Thereafter, the Director of the California Department of Corrections and 13 Rehabilitation or a designee shall collect from plaintiff's prison trust account the 14 balance of the filing fee by collecting monthly payments from plaintiff's prison 15 trust account by collecting monthly payments from plaintiff's prison trust account 16 in an amount equal to twenty percent (20%) of the preceding month's income 17 credited to the prisoner's trust account and forwarding payments to the Clerk of the 18 Court each time the amount in the account exceeds $10.00 in accordance with 28 19 U.S.C. § 1915(b)(2). The payments shall be clearly identified by the name and 20 number assigned to this action. 21 3. The Clerk of the Court is directed to serve a copy of this order and a 22 copy of plaintiff's signed in forma pauperis affidavit on Director, California 23 Department of Corrections and Rehabilitation, 1515 S Street, Sacramento, 24 California 95814. 25 27 /// 28 /// ORDER FOR PAYMENT OF INMATE FILING FEE ~ 2 4. The Clerk of the Court is directed to serve a copy of this order on the 26 Financial Department of the court.

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IT IS SO ORDERED. The District Court Executive is directed to enter DATED this 17th day of May, 2010.

2 this Order and forward a copy to Plaintiff.

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

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ORDER FOR PAYMENT OF INMATE FILING FEE ~ 3