Jayne v. Bosenko et al

Filing 20

ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of MICHAEL AARON JAYNE signed by Circuit Judge Marsha S. Berzon on 11/20/09. The Director of the CDC shall collect payments from Plaintiff's prison trust account and shall forward thos e payments to the Clerk, until a total of $350.00 has been collected and forwarded to the Clerk. The Clerk shall serve a copy of this order and a copy of Plaintiff's in forma pauperis application on the Director f the CDC, via the courts electronic case filing system (CM/ECF). The Clerk is directed to serve a copy of this order on the financial department of the court.(Mena-Sanchez, L)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 Plaintiff Michael Aaron Jayne is a prisoner proceeding pro se pursuant to 42 U.S.C. § 1983 15 and has been granted leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. Pursuant 16 to 28 U.S.C. § 1915(b)(1), Jayne is obligated to pay the statutory filing fee of $350.00 for this 17 a c tio n . An initial partial filing fee will not be assessed (due to the negative balance in 18 J a yn e 's account). Jayne is required to make monthly payments in the amount of twenty percent 19 of the preceding month's income credited to his trust account. 28 U.S.C. § 1915(b)(2). The 20 California Department of Corrections is obligated to send to the Clerk of the Court payments from 21 Jayne's account each time the amount in the account exceeds $10.00, until the statutory filing fee 22 is paid in full. Id. 23 Accordingly, 24 IT IS HEREBY ORDERED directing the Director of the California Department of 25 Corrections or his designee shall collect payments from Plaintiff's prison trust account in an amount 26 equal to twenty per cent (20%) of the preceding month's income credited to Plaintiff's trust account 27 28 vs. T O M BOSENKO, et al., Defendants. MICHAEL AARON JAYNE, Plaintiff, ) ) ) ) ) ) ) ) ) ) C a s e No. 2:08-cv-02767-MSB ORDER DIRECTING PAYMENT OF INMATE FILING FEE BY CALIFORNIA DEPARTMENT OF CORRECTIONS I N THE UNITED STATES DISTRICT COURT F O R THE EASTERN DISTRICT OF CALIFORNIA

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and shall forward those 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), until a total of $350.00 has been collected and forwarded to the Clerk of the Court. The payments must be clearly identified by the name and number assigned to this action. IT IS FURTHER ORDERED directing the Clerk of the Court to serve a copy of this order and a copy of Plaintiff's in forma pauperis application on the Director of the California Department of Corrections, via the court's electronic case filing system (CM/ECF). IT IS FURTHER ORDERED directing the Clerk of the Court to serve a copy of this order on the financial department of the court.

D A T E D this 20th day of November, 2009.

/s/ Marsha S. Berzon MARSHA S. BERZON United States Circuit Judge, sitting by designation

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