Hughes v. CDCR

Filing 7

ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Edmund F. Brennan on 1/18/12 ORDERING the director of the CDC to collect and forward payment from the prison trust account of Bernard C. Hughes to the clerk until the balance of $350 is paid in full. The clerk is directed to serve a copy of this order and the plaintiff's IFP on the Director of the CDC. The clerk is directed to serve a copy of this order on the financial department of the court. (cc Financial, CDC Prisoner Payment Orders )(Dillon, 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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BERNARD C. HUGHES,
Plaintiff,

No. CIV S-11-1856 EFB P

Defendant.

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ORDER

vs.
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CDCR,

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/

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Plaintiff is a state prisoner proceeding without counsel and in forma pauperis in an action

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brought under 42 U.S.C. § 1983. This proceeding was referred to this court by Local Rule 302

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pursuant to 28 U.S.C. § 636(b)(1).

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Pursuant to 28 U.S.C. § 1915(b)(1), plaintiff must pay the $350 filing fee required by 28

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U.S.C. § 1914(a). Plaintiff is assessed an initial partial filing fee of 20 percent of the greater of

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(a) the average monthly deposits to plaintiff’s trust account; or (b) the average monthly balance

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in plaintiff’s account for the six-month period immediately preceding the filing of the complaint.

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28 U.S.C. § 1915(b)(1). Thereafter, plaintiff must make monthly payments of 20 percent of the

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preceding month’s income credited to his trust account. 28 U.S.C. § 1915(b)(2).

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The agency having custody of plaintiff is required to forward to the Clerk of the Court

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the initial partial filing fee, if funds exist, as well as payments from plaintiff’s account each time

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the amount in the account exceeds $10, until the filing fee is paid. Id.

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The Clerk of the Court shall serve a copy of this order and a copy of plaintiff’s in forma

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pauperis application upon the Director of the California Department of Corrections and

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Rehabilitation and deliver a copy of this order to the Clerk’s financial division.

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So ordered.

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Dated: January 18, 2012.

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