Hoyt v. Gonzales

Filing 12

ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Johnae Hoyt signed by Magistrate Judge Gregory G. Hollows on 10/7/2011. CDC is to collect monthly payments and fwd to the clerk until the $350 filing fee is paid in full. Clerk is directed to serve this order and copy of pltf's IFP on the Director of CDC. Clerk to also serve Financial w/ a copy of this order. (cc: CDC, Financial)(Yin, K)

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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 JOHNAE HOYT, 11 12 Plaintiff, No. CIV S-11-1582 GGH P vs. 13 KATHRYN GONZALES, 14 Defendant. 15 ORDER FOR PAYMENT / OF INMATE FILING FEE 16 To: The Director of the California Department of Corrections and Rehabilitation, 1515 S Street, 17 Sacramento, California 95814: 18 Plaintiff, a state prisoner proceeding pro se and in forma pauperis, is obligated to 19 pay the statutory filing fee of $350.00 for this action. 28 U.S.C. § 1915(b)(1). Plaintiff is 20 obligated to make monthly payments in the amount of twenty percent of the preceding month’s 21 income credited to plaintiff’s trust account. The California Department of Corrections and 22 Rehabilitation is required to send to the Clerk of the Court payments from plaintiff’s account 23 each time the amount in the account exceeds $10.00, until the statutory filing fee is paid in full. 24 28 U.S.C. § 1915(b)(2). 25 26 In accordance with the above and good cause appearing therefore, IT IS HEREBY ORDERED that: 1 1 1. The Director of the California Department of Corrections and Rehabilitation or 2 a designee shall collect monthly payments from plaintiff’s prison trust account in an amount 3 equal to twenty percent (20%) of the preceding month's income credited to the prisoner's trust 4 account and shall forward those payments to the Clerk of the Court each time the amount in the 5 account exceeds $10.00 in accordance with 28 U.S.C. § 1915(b)(2) until a total of $350.00 has 6 been collected and forwarded to the Clerk of the Court. The payments shall be clearly identified 7 by the name and number assigned to this action. 8 9 10 2. The Clerk of the Court is directed to serve a copy of this order and a copy of plaintiff's in forma pauperis affidavit on Director, California Department of Corrections and Rehabilitation, 1515 S Street, Sacramento, California 95814. 11 3. The Clerk of the Court is directed to serve a copy of this order on the Financial 12 Department of the court. 13 DATED: October 7, 2011 14 /s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE 15 16 GGH:009 hoyt1582.cdca 17 18 19 20 21 22 23 24 25 26 2

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