Avery v. Nangalama et al

Filing 10

ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Kyle Avery signed by Circuit Judge Marsha S. Berzon on 4/9/2010. The Clerk to serve a copy of this order and copy of Pltf's IFP on the Director of CDCR and a copy of this order on the Court's Financial Department. (cc: CDCR and CFS) (Engbretson, K.)

1 2 3 4 5 6 7 8 9 10 11 12 13 Defendants. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 vs. N A N G A L A M A , MENON, and K. A D A M S, KYLE AVERY, Plaintiff, ) ) ) ) ) ) ) ) ) ) ) C a s e No. 2:08-cv-02873-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

Plaintiff Kyle Avery is a prisoner proceeding pro se pursuant to 42 U.S.C. § 1983 and has been granted leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. Pursuant to 28 U .S .C . § 1915(b)(1), Avery is obligated to pay the statutory filing fee of $350.00 for this a c tio n . An initial partial filing fee will not be assessed, as Avery's average monthly deposit is $0.00. Avery is required to make monthly payments in the amount of twenty percent of the preceding month's income credited to his trust account. 28 U.S.C. § 1915(b)(2). The California Department of Corrections is obligated to send to the Clerk of the Court payments from Avery's account each time the amount in the account exceeds $10.00, until the statutory filing fee is paid in full. Id. Accordingly, IT IS HEREBY ORDERED directing the Director of the California Department of Corrections or his designee shall collect payments from Plaintiff's prison trust account in an amount equal to twenty per cent (20%) of the preceding month's income credited to Plaintiff's trust account

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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 9th day of April, 2010.

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

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