Mabry v. Santos

Filing 8

ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Tony Mabry signed by Magistrate Judge Gregory G. Hollows on 08/13/09. The clerk of the court shall serve a copy of this order and a copy of plaintiff's signed IFP affidavit on the Director of CDC. The clerk shall also serve Financial with a copy of this order. (cc: CDC Director and Financial)(Plummer, M)

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 vs. ROBERT SANTOS, Defendant. / ORDER FOR PAYMENT OF INMATE FILING FEE TONY MABRY, Plaintiff, No. CIV S-09-1581 GGH P IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

To: The Director of the California Department of Corrections and Rehabilitation, 1515 S Street, Sacramento, California 95814: Plaintiff, a state prisoner proceeding pro se and in forma pauperis, is obligated to pay the statutory filing fee of $350.00 for this action. Plaintiff has been assessed an initial partial filing fee of $7.41 for this action pursuant to 28 U.S.C. § 1915(b)(1). Upon payment of that initial partial filing fee, plaintiff will be obligated to make monthly payments in the amount of twenty percent of the preceding month's income credited to plaintiff's trust account. The California Department of Corrections and Rehabilitation is required to send to the Clerk of the Court the initial partial filing fee and thereafter payments from plaintiff's prison trust account each time the amount in the account exceeds $10.00, until the statutory filing fee of $350.00 is paid in full. 28 U.S.C. § 1915(b)(2). 1

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19

Good cause appearing therefore, IT IS HEREBY ORDERED that: 1. The Director of the California Department of Corrections and Rehabilitation or a designee shall collect from plaintiff's prison trust account an initial partial filing fee in the amount of $7.41 and shall forward the amount to the Clerk of the Court. Said payment shall be clearly identified by the name and number assigned to this action. 2. Thereafter, the Director of the California Department of Corrections and Rehabilitation or a designee shall collect from plaintiff's prison trust account the $342.59 balance of the filing fee by collecting monthly payments from plaintiff's prison trust account in an amount equal to twenty percent (20%) of the preceding month's income credited to the prisoner's trust account and forwarding 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). The payments shall be clearly identified by the name and number assigned to this action. 3. The Clerk of the Court is directed to serve a copy of this order and a copy of plaintiff's signed in forma pauperis affidavit on Director, California Department of Corrections and Rehabilitation, 1515 S Street, Sacramento, California 95814. 4. The Clerk of the Court is directed to serve a copy of this order on the Financial Department of the court. DATED: August 13, 2009 /s/ Gregory G. Hollows

20 21 22 23 24 25 26 2
GGH:kly mabr1581.cdc

GREGORY G. HOLLOWS UNITED STATES MAGISTRATE JUDGE