Williams v. City of Sacramento Police Department et al

Filing 12

ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Codie Williams signed by Magistrate Judge Edmund F. Brennan on 03/05/12. 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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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CODIE WILLIAMS, Plaintiff, 11 No. CIV S-11-1538 EFB P vs. 12 13 CITY OF SACRAMENTO POLICE DEPARTMENT, et al., 14 Defendants. ORDER 15 / 16 Plaintiff is a state prisoner proceeding without counsel and in forma pauperis in an action 17 18 brought under 42 U.S.C. § 1983. This proceeding was referred to this court by Local Rule 302 19 pursuant to 28 U.S.C. § 636(b)(1). 20 Pursuant to 28 U.S.C. § 1915(b)(1), plaintiff must pay the $350 filing fee required by 28 21 U.S.C. § 1914(a). Plaintiff is assessed an initial partial filing fee of 20 percent of the greater of 22 (a) the average monthly deposits to plaintiff’s trust account; or (b) the average monthly balance 23 in plaintiff’s account for the six-month period immediately preceding the filing of the complaint. 24 28 U.S.C. § 1915(b)(1). Thereafter, plaintiff must make monthly payments of 20 percent of the 25 preceding month’s income credited to his trust account. 28 U.S.C. § 1915(b)(2). 26 //// 1 1 The agency having custody of plaintiff is required to forward to the Clerk of the Court 2 the initial partial filing fee, if funds exist, as well as payments from plaintiff’s account each time 3 the amount in the account exceeds $10, until the filing fee is paid. Id. 4 The Clerk of the Court shall serve a copy of this order and a copy of plaintiff’s in forma 5 pauperis application upon the Director of the California Department of Corrections and 6 Rehabilitation and deliver a copy of this order to the Clerk’s financial division. 7 8 So ordered. Dated: March 5, 2012. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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