John-Charles v. Swarthout et al

Filing 8

ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Gregory G. Hollows on 4/18/11 ORDERING the director of the CDC to collect an initial partial filing fee of $10.91 and thereafter, forward payment from the prison trust account of Curtis M. John-Charles to the clerk until the balance of $339.09 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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CURTIS M. JOHN-CHARLES,

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Plaintiff,

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No. CIV S-11-0568 KJM GGH P

vs.
GARY SWARTHOUT, et. al.,

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Defendants.

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ORDER FOR PAYMENT
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OF INMATE FILING FEE

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To: The 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 pro se and in forma pauperis, is obligated to

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pay the statutory filing fee of $350.00 for this action. Plaintiff will be assessed an initial filing

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fee of $10.91. Plaintiff will be obligated to make monthly payments in the amount of twenty

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

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Department of Corrections and Rehabilitation is required to send to the Clerk of the Court the

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initial partial filing fee and thereafter payments from plaintiff’s prison trust account each time the

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amount in the account exceeds $10.00, until the statutory filing fee of $350.00 is paid in full. 28

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U.S.C. § 1915(b)(2).

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Good cause appearing therefore, IT IS HEREBY ORDERED that:

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1. There will be an initial filing fee of $10.91.

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2. 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 the $339.09 balance of the filing fee

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by collecting monthly payments from plaintiff's prison trust account in an amount equal to twenty

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percent (20%) of the preceding month's income credited to the prisoner’s trust account and

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forwarding payments to the Clerk of the Court each time the amount in the account exceeds

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$10.00 in accordance with 28 U.S.C. § 1915(b)(2). The payments shall be clearly identified by

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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

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Department of the court.

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DATED: April 18, 2011

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/s/ Gregory G. Hollows

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UNITED STATES MAGISTRATE JUDGE

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char0568.cdc

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