Jackson v. Pletcher et al

Filing 11

ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Raymond D. Jackson signed by Magistrate Judge Kendall J. Newman on 05/16/11. 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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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RAYMOND D. JACKSON,

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Plaintiff,

No. 2: 11-cv-1157 KJN P

vs.
STEVEN PLETCHER, et al.,
Defendants.

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

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obligated to pay the statutory filing fee of $350.00 for this action. Plaintiff is assessed an initial

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partial filing fee of 20 percent of the greater of: (a) the average monthly deposits to plaintiff's

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trust account; or (b) the average monthly balance in plaintiff's account for the 6-month period

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immediately preceding the filing of this action. 28 U.S.C. § 1915(b)(1). Upon payment of that

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initial partial filing fee, plaintiff will be obligated to make monthly payments in the amount of

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

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

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Court the initial partial filing fee and thereafter payments from plaintiff’s prison trust account
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each time the amount in the account exceeds $10.00, until the statutory filing fee of $350.00 is

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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 an initial partial filing fee in

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accordance with the provisions of 28 U.S.C. § 1915(b)(1) as set forth in this order and shall

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forward the amount to the Clerk of the Court. The payment shall be clearly identified by the

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name and number assigned to this action.

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2. Thereafter, the Director of the California Department of Corrections and

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Rehabilitation or a designee shall collect from plaintiff's prison trust account monthly payments

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

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month's income credited to the prisoner’s trust account and forward payments to the Clerk of the

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Court each time the amount in the account exceeds $10.00 in accordance with 28 U.S.C.

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§ 1915(b)(2), until the $350.00 filing fee for this action has been paid in full. The payments shall

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be clearly identified by 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: May 16, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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jack1157.cdc

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