Johnson v. California Prison Industry Authority et al

Filing 13

ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Carolyn K. Delaney on 12/21/11ORDERING the director of the CDC to collect and forward payment from the prison trust account of Paul D. Johnson 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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PAUL D. JOHNSON,

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Plaintiff,

No. CIV S 11-0164 CKD P

vs.
CALIFORNIA PRISON INDUSTRY AUTHORITY, et al.,

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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. Plaintiff is assessed an initial

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partial filing fee of 20 percent of the greater of (a) the average monthly deposits to plaintiff's trust

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account; or (b) the average monthly balance in plaintiff's account for the 6-month period

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immediately preceding the filing of this action. 28 U.S.C. § 1915(b)(1). Upon payment of that

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initial partial filing fee, plaintiff will be obligated to make monthly payments in the amount of

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twenty percent of the preceding month’s income credited to plaintiff’s trust account. The

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California Department of Corrections and Rehabilitation is required to send to the Clerk of the
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Court the initial partial filing fee and thereafter payments from plaintiff’s prison trust account

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each time the amount in the account exceeds $10.00, until the statutory filing fee of $350.00 is

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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 an initial partial filing fee in

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accordance with the provisions of 28 U.S.C. § 1915(b)(1) as set forth in this order and shall

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forward the amount to the Clerk of the Court. The payment shall be clearly identified by the

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name and number assigned to this action.

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2. Thereafter, the Director of the California Department of Corrections and

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Rehabilitation or a designee shall collect from plaintiff’s prison trust account monthly payments

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from plaintiff’s prison trust account in an amount equal to twenty percent (20%) of the preceding

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month's income credited to the prisoner’s trust account and forward payments to the Clerk of the

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Court each time the amount in the account exceeds $10.00 in accordance with 28 U.S.C.

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§ 1915(b)(2), until the $350.00 filing fee for this action has been paid in full. The payments shall

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be clearly identified by the name and number assigned to this action.

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

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plaintiff's signed in forma pauperis affidavit on Director, California Department of Corrections

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and Rehabilitation, 1515 S Street, Sacramento, California 95814.

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4. The Clerk of the Court is directed to serve a copy of this order on the Financial
Department of the court.
Dated: December 21, 2011

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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