Ellis v. Hill et al

Filing 10

ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Kendall J. Newman on 3/29/11 ORDERING the director of the CDC to collect and forward payment from the prison trust account of Robert Ellis 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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(TEMP)(PC) Ellis v. Hill et al Doc. 10 1 2 3 4 5 6 7 8 9 10 ROBERT ELLIS, 11 12 vs. Plaintiff, No. CIV-S-11-0363 KJN (TEMP) P IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 13 RICK HILL, et al., 14 15 Defendants. / ORDER FOR PAYMENT OF INMATE FILING FEE 16 To: Director of the California Department of Corrections and Rehabilitation, 1515 S Street, 17 Sacramento, California 95814: 18 Plaintiff, a state prisoner proceeding without counsel and in forma pauperis, is 19 obligated to pay the statutory filing fee of $350.00 for this action. Plaintiff is assessed an initial 20 partial filing fee of 20 percent of the greater of: (a) the average monthly deposits to plaintiff's 21 trust account; or (b) the average monthly balance in plaintiff's account for the 6-month period 22 immediately preceding the filing of this action. 28 U.S.C. 1915(b)(1). Upon payment of that 23 initial partial filing fee, plaintiff will be obligated to make monthly payments in the amount of 24 twenty percent of the preceding month's income credited to plaintiff's trust account. The 25 California Department of Corrections and Rehabilitation is required to send to the Clerk of the 26 Court the initial partial filing fee and thereafter payments from plaintiff's prison trust account 1 Dockets.Justia.com 1 each time the amount in the account exceeds $10.00, until the statutory filing fee of $350.00 is 2 paid in full. 28 U.S.C. 1915(b)(2). 3 4 Good cause appearing therefore, IT IS HEREBY ORDERED that: 1. The Director of the California Department of Corrections and Rehabilitation or 5 a designee shall collect from plaintiff's prison trust account an initial partial filing fee in 6 accordance with the provisions of 28 U.S.C. 1915(b)(1) as set forth in this order and shall 7 forward the amount to the Clerk of the Court. The payment shall be clearly identified by the name 8 and number assigned to this action. 9 2. Thereafter, the Director of the California Department of Corrections and 10 Rehabilitation or a designee shall collect from plaintiff's prison trust account monthly payments 11 from plaintiff's prison trust account in an amount equal to twenty percent (20%) of the preceding 12 month's income credited to the prisoner's trust account and forward payments to the Clerk of the 13 Court each time the amount in the account exceeds $10.00 in accordance with 28 U.S.C. 14 1915(b)(2), until the $350.00 filing fee for this action has been paid in full. The payments shall 15 be clearly identified by the name and number assigned to this action. 16 3. The Clerk of the Court is directed to serve a copy of this order and a copy of 17 plaintiff's signed in forma pauperis affidavit on Director, California Department of Corrections 18 and Rehabilitation, 1515 S Street, Sacramento, California 95814. 19 4. The Clerk of the Court is directed to serve a copy of this order on the Financial 20 Department of the court. 21 DATED: March 29, 2011 22 23 24 25 26 2 elli0363.cdc _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE

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