Kelso v. Kennycutt et al

Filing 12

ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Edmund F. Brennan on 9/19/11ORDERING the Sheriff of Solano County to collect and forward payment from the prison trust account of John Donald Kelso to the clerk until the balance of $35 0 is paid in full. The clerk is directed to serve a copy of this order and the plaintiff's IFP on the Sheriff of Solano County. The clerk is directed to serve a copy of this order on the financial department of the court. (cc Financial ). (Dillon, 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 JOHN DONALD KELSO, Plaintiff, 11 12 13 14 vs. KENNYCUTT, et al., Defendants. 17 18 ORDER / 15 16 No. CIV S-11-0674 MCE EFB P To: The Sheriff of Solano County, Attention: Inmate Trust Account, 500 Union Avenue, Fairfield, California, 94533: Plaintiff is a detainee in the Solano County Jail proceeding without counsel and in forma 19 pauperis in an action brought under 42 U.S.C. § 1983. This proceeding was referred to this court 20 by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1). 21 Pursuant to 28 U.S.C. § 1915(b)(1), plaintiff must pay the $350 filing fee required by 28 22 U.S.C. § 1914(a). Plaintiff is assessed an initial partial filing fee of 20 percent of the greater of 23 (a) the average monthly deposits to plaintiff’s trust account; or (b) the average monthly balance 24 in plaintiff’s account for the six-month period immediately preceding the filing of the complaint. 25 28 U.S.C. § 1915(b)(1). Thereafter, plaintiff must make monthly payments of 20 percent of the 26 preceding month’s income credited to his trust account. 28 U.S.C. § 1915(b)(2). 1 1 The Sheriff of Solano County is required to send to the Clerk of the Court the initial 2 partial filing fee and thereafter payments from plaintiff’s prison trust account each time the 3 amount in the account exceeds $10.00, until the statutory filing fee of $350.00 is paid in full. 28 4 U.S.C. § 1915(b)(2). 5 The Clerk of the Court shall serve a copy of this order and a copy of plaintiff’s in forma 6 pauperis application upon the Sheriff of Solano County, Attention: Inmate Trust Account, 500 7 Union Avenue, Fairfield, California, 94533, and deliver a copy of this order to the Clerk’s 8 financial division. 9 10 So ordered. Dated: September 19, 2011. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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