Hollis v. McGuire, et al

Filing 54

ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Carolyn K. Delaney on 5/18/12 ORDERING the director of the CDC to collect and forward payment from the prison trust account of Marvin G. Hollis to the clerk until the balance of $350 is paid in full. The clerk is directed to serve a copy of this order and the plaintiff's IFP on the Director of the CDC. The clerk is directed to serve a copy of this order on the financial department of the court. (cc Financial, CDC Prisoner Payment Orders )(Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARVIN G. HOLLIS,

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Plaintiff,

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No. CIV S-09-1065 KJM CKD P

vs.
J. McGUIRE, et al.,
Defendants.

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ORDER FOR PAYMENT
/

OF INMATE FILING FEE

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To: Director of the California Department of Corrections and Rehabilitation, 1515 S Street,

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Sacramento, California 95814:

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Plaintiff, a state prisoner proceeding without counsel and in forma pauperis, is

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obligated to pay the statutory filing fee of $350.00 for this action. On October 9, 2009, plaintiff

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was granted IFP status, and an order directing monthly payments was served on CDCR. (Dkt.

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Nos. 12, 13.) Plaintiff’s IFP status was revoked on February 18, 2011. (Dkt. No. 44.) Pursuant

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to the district court’s March 12, 2012 order on reconsideration (Dkt. No. 51), the court is

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reinstating plaintiff’s IFP status in this matter by concurrent order. Accordingly, CDCR is

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required to resume sending to the Clerk of the Court payments from plaintiff’s prison trust

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account each time the amount in the account exceeds $10.00, until the balance of the statutory

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filing fee of $350.00 is paid in full. 28 U.S.C. § 1915(b)(2).
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Good cause appearing therefore, IT IS HEREBY ORDERED that:

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1. The Director of the California Department of Corrections and Rehabilitation or

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a designee shall collect from plaintiff's prison trust account monthly payments in an amount

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equal to twenty percent (20%) of the preceding month's income credited to the trust account and

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forward payments to the Clerk of the Court each time the amount in the account exceeds $10.00

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in accordance with 28 U.S.C. § 1915(b)(2), until the balance of $350.00 filing fee for this action

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has been paid in full. The payments shall be clearly identified by the name and number assigned

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to this action. In determining the outstanding balance of the filing fee, CDCR shall take into

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account any earlier payments made from plaintiff’s trust account in this matter prior to his IFP

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status being revoked on February 18, 2011.

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2. The Clerk of the Court is directed to serve a copy of this order on Director,

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California Department of Corrections and Rehabilitation, 1515 S Street, Sacramento, California

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95814.

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3. The Clerk of the Court is directed to serve a copy of this order on the Financial

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Department of the court.

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Dated: May 18, 2012

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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holl1065.Cdc_reopen

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