Lyons v. Folsom Mercy Hospital

Filing 15

ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Bart Lyons signed by Magistrate Judge Kendall J. Newman on 08/22/11. CDC is to collect payments from plaintiff's account and forward to the clerk until the $350.00 filing fee i s 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. The clerk of the court is directed to update plaintiff's address to Bart L. Lyons P-35055, Deuel Vocational Institution, P.O. Box 600, Tracy, CA 95378-0600. (cc: CDC Director and Financial)(Plummer, 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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BART LYONS,

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Plaintiff,

No. 2:11-cv-0268 GEB KJN P

vs.
FOLSOM MERCY HOSPITAL, et al.,
Defendant.

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

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this civil rights action. On February 14, 2011, this court granted plaintiff’s application to

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proceed in forma pauperis and directed plaintiff’s place of incarceration—at the time, the Yolo

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County Jail—to collect from plaintiff’s trust account an initial partial filing fee and monthly

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payments until such time as the fee ($350.00) was paid in full. (See Dkt. No. 9.) On August 9,

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2011, the Yolo County Sheriff’s Office informed this court that plaintiff was transferred on

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August 4, 2011, to Deuel Vocational Institution, in the custody of the California Department of

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Corrections and Rehabilitation, and that the balance currently owed is $319.80. (See Dkt. No.

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13.) This order directs /CDCR to continue collecting payments on plaintiff’s filing fee.
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As previously noted by the court, plaintiff is obligated to pay the full statutory

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filing fee of $350.00 for this action. After payment of an initial partial filing fee, plaintiff is

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obligated to make monthly payments in the amount of twenty percent of the preceding month’s

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income credited to plaintiff’s trust account. The initial partial filing fee has been paid. The

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California Department of Corrections and Rehabilitation is now required to send to the Clerk of

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the Court payments from plaintiff’s prison trust account each time the amount in the account

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exceeds $10.00, until the statutory 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 from plaintiff's

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prison trust account in an amount equal to twenty percent (20%) of the preceding month's income

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credited to the prisoner’s trust account and forward payments to the Clerk of the Court each time

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the amount in the account exceeds $10.00 in accordance with 28 U.S.C. § 1915(b)(2), until the

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$350.00 filing fee for this action has been paid in full. The payments shall be clearly identified

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by the name and number assigned to this action.

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

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4. The Clerk of Court is directed to update plaintiff’s address to Bart L. Lyons

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(CDCR # P35055), Deuel Vocational Institution, P.O. Box 600, Tracy, CA 95378-0600.

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DATED: August 22, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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lyon0268.cdc.2

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