Reyes v. Mitchell et al

Filing 15

ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of David Reyes signed by Magistrate Judge Gregory G. Hollows on 04/20/11. 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 DAVID REYES, 11 Plaintiff, No. CIV S-11-0219 GEB GGH P vs. 12 13 14 R. MITCHELL, et al., Defendants. 15 ORDER FOR PAYMENT / OF INMATE FILING FEE 16 To: The Director of the California Department of Corrections and Rehabilitation, 1515 S Street, 17 Sacramento, California 95814: 18 Plaintiff, a state prisoner proceeding pro se and in forma pauperis, is obligated to 19 pay the statutory filing fee of $350.00 for this action. Plaintiff will be assessed an initial filing 20 fee of $1.24. Plaintiff will be obligated to make monthly payments in the amount of twenty 21 percent of the preceding month’s income credited to plaintiff’s trust account. The California 22 Department of Corrections and Rehabilitation is required to send to the Clerk of the Court the 23 initial partial filing fee and thereafter payments from plaintiff’s prison trust account each time the 24 amount in the account exceeds $10.00, until the statutory filing fee of $350.00 is paid in full. 28 25 U.S.C. § 1915(b)(2). 26 Good cause appearing therefore, IT IS HEREBY ORDERED that: 1 1 1. There will be an initial filing fee of $1.24. 2 2. The Director of the California Department of Corrections and Rehabilitation or 3 a designee shall collect from plaintiff's prison trust account the $348.76 balance of the filing fee 4 by collecting monthly payments from plaintiff's prison trust account in an amount equal to twenty 5 percent (20%) of the preceding month's income credited to the prisoner's trust account and 6 forwarding payments to the Clerk of the Court each time the amount in the account exceeds 7 $10.00 in accordance with 28 U.S.C. § 1915(b)(2). The payments shall be clearly identified by 8 the name and number assigned to this action. 9 3. The Clerk of the Court is directed to serve a copy of this order and a copy of 10 plaintiff's signed in forma pauperis affidavit on Director, California Department of Corrections 11 and Rehabilitation, 1515 S Street, Sacramento, California 95814. 12 4. The Clerk of the Court is directed to serve a copy of this order on the Financial 13 Department of the court. 14 DATED: April 20, 2011 15 /s/ Gregory G. Hollows 16 UNITED STATES MAGISTRATE JUDGE 17 reye0219.cdc 18 19 20 21 22 23 24 25 26 2

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