Dupree v. International Telecommunications Satellite Organization et al

Filing 8

ORDER DIRECTING MONTHLY PAYMENTS be made from prison account of plaintiff Richard Jose Dupree, Jr. signed by Magistrate Judge Kendall J. Newman on 6/21/2011. Director of CDC shall collect initial partial filing fee and monthly payments from trust account until filing fee is paid in full. Clerk directed to serve copy of Order on Financial Department and Director of CDC (w/copy of IFP Application). (Marciel, 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 RICHARD JOSE DUPREE, JR., 11 12 13 Plaintiff, No. 2:11-cv-1506 KJN P vs. 14 INTERNATIONAL TELECOMMUNICATIONS SATELLITE ORGANIZATION, et al., 15 Defendants. 16 ORDER FOR PAYMENT / OF INMATE FILING FEE 17 To: Director of the California Department of Corrections and Rehabilitation, 1515 S Street, 18 Sacramento, California 95814: 19 Plaintiff, a state prisoner proceeding without counsel and in forma pauperis, is 20 obligated to pay the statutory filing fee of $350.00 for this action. Plaintiff is assessed an initial 21 partial filing fee of 20 percent of the greater of: (a) the average monthly deposits to plaintiff's 22 trust account; or (b) the average monthly balance in plaintiff's account for the 6-month period 23 immediately preceding the filing of this action. 28 U.S.C. § 1915(b)(1). Upon payment of that 24 initial partial filing fee, plaintiff will be obligated to make monthly payments in the amount of 25 twenty percent of the preceding month’s income credited to plaintiff’s trust account. The 26 California Department of Corrections and Rehabilitation is required to send to the Clerk of the 1 1 Court the initial partial filing fee and thereafter payments from plaintiff’s prison trust account 2 each time the amount in the account exceeds $10.00, until the statutory filing fee of $350.00 is 3 paid in full. 28 U.S.C. § 1915(b)(2). 4 Good cause appearing therefore, IT IS HEREBY ORDERED that: 5 1. The Director of the California Department of Corrections and Rehabilitation or 6 a designee shall collect from plaintiff’s prison trust account an initial partial filing fee in 7 accordance with the provisions of 28 U.S.C. § 1915(b)(1) as set forth in this order and shall 8 forward the amount to the Clerk of the Court. The payment shall be clearly identified by the 9 name and number assigned to this action. 10 2. Thereafter, the Director of the California Department of Corrections and 11 Rehabilitation or a designee shall collect from plaintiff's prison trust account monthly payments 12 from plaintiff's prison trust account in an amount equal to twenty percent (20%) of the preceding 13 month's income credited to the prisoner’s trust account and forward payments to the Clerk of the 14 Court each time the amount in the account exceeds $10.00 in accordance with 28 U.S.C. 15 § 1915(b)(2), until the $350.00 filing fee for this action has been paid in full. The payments shall 16 be clearly identified by the name and number assigned to this action. 17 3. The Clerk of the Court is directed to serve a copy of this order and a copy of 18 plaintiff's signed in forma pauperis affidavit on Director, California Department of Corrections 19 and Rehabilitation, 1515 S Street, Sacramento, California 95814. 20 4. The Clerk of the Court is directed to serve a copy of this order on the Financial 21 Department of the court. 22 DATED: June 21, 2011 23 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 24 25 dupr1506.cdc 26 2

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