Bartholomew v. Traquina et al

Filing 8

ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Kevin Bartholomew signed by Magistrate Judge Edmund F. Brennan on 09/12/11. CDC is to collect payments from plaintiff's account and forward to the clerk until the $350.00 filing fee is paid in full. Clerk to serve this order and a copy of plaintiff's IFP on the Director of CDC. Clerk to also serve Financial with a copy of this order. (cc: CDC Director and Financial)(Plummer, M)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KEVIN BARTHOLOMEW, Plaintiff, 11 vs. 12 13 No. CIV S-10-3145 EFB P ALVARO TRAQUINA, et al., Defendants. 14 ORDER / 15 Plaintiff is a state prisoner proceeding without counsel and in forma pauperis in an action 16 17 brought under 42 U.S.C. § 1983. This proceeding was referred to this court by Local Rule 302 18 pursuant to 28 U.S.C. § 636(b)(1). 19 Pursuant to 28 U.S.C. § 1915(b)(1), plaintiff must pay the $350 filing fee required by 28 20 U.S.C. § 1914(a). Plaintiff is assessed an initial partial filing fee of 20 percent of the greater of 21 (a) the average monthly deposits to plaintiff’s trust account; or (b) the average monthly balance 22 in plaintiff’s account for the six-month period immediately preceding the filing of the complaint. 23 28 U.S.C. § 1915(b)(1). Thereafter, plaintiff must make monthly payments of 20 percent of the 24 preceding month’s income credited to his trust account. 28 U.S.C. § 1915(b)(2). 25 //// 26 //// 1 1 The agency having custody of plaintiff is required to forward to the Clerk of the Court 2 the initial partial filing fee, if funds exist, as well as payments from plaintiff’s account each time 3 the amount in the account exceeds $10, until the filing fee is paid. Id. 4 The Clerk of the Court shall serve a copy of this order and a copy of plaintiff’s in forma 5 pauperis application upon the Director of the California Department of Corrections and 6 Rehabilitation and deliver a copy of this order to the Clerk’s financial division. 7 8 So ordered. Dated: September 12, 2011. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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