Smith v. Kiesz et al

Filing 9

ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of David Smith signed by Magistrate Judge Carolyn K. Delaney on 11/9/2011. The Sheriff of Stanislaus County is to collect monthly payments and forward to the clerk until the $350 filing fee is paid in full. Clerk is directed to serve this order and copy of plaintiff's IFP on the of Stanislaus County. Clerk to also serve Financial w/ a copy of this order. (cc: Financial)(Yin, K)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

DAVID SMITH,

11
12
13
14

Plaintiff,

No. CIV S-11-1918 CKD P

Defendant.

ORDER FOR PAYMENT

vs.
KIESZ,

15

/

OF INMATE FILING FEE

16

To: The Sheriff of Stanislaus County, Attention: Inmate Trust Account, 200 East Hackett Rd.,

17

Modesto, California 95358:

18

Plaintiff is a state inmate housed at the Public Safety Center in Modesto,

19

California, where he has been assigned Booking Number 129248. He is proceeding pro se and in

20

forma pauperis with an action under 42 U.S.C. § 1983. He is obligated to pay the statutory filing

21

fee of $350.00 for this action. Each time plaintiff’s trust account exceeds $10.00, plaintiff will

22

be obligated to make monthly payments in the amount of twenty percent of the preceding

23

month’s income credited to plaintiff’s trust account. The Sheriff of Stanislaus County is required

24

to send to the Clerk of the Court payments from plaintiff’s inmate trust account each time the

25

amount in the account exceeds $10.00, until the statutory filing fee of $350.00 is paid in full. 28

26

U.S.C. § 1915(b)(2).
1

1

Good cause appearing therefore, IT IS HEREBY ORDERED that:

2

1. Each time the amount in plaintiff’s inmate trust account exceeds $10.00, the

3

Sheriff of Stanislaus County or a designee shall collect from plaintiff’s trust account a monthly

4

payment equal to twenty percent (20%) of the preceding month’s income credited to the inmate’s

5

trust account, in accordance with 28 U.S.C. § 1915(b)(2). The Sheriff or a designee shall

6

forward payments to the Clerk of the Court until the statutory filing fee of $350.00 is paid in full.

7

The payments shall be clearly identified by the name and number assigned to this action.

8
9
10
11
12
13

3. The Clerk of the Court is directed to serve a copy of this order and a copy of
plaintiff’s signed in forma pauperis affidavit on the Sheriff of Stanislaus County, Attention:
Inmate Trust Account, 200 East Hackett Rd., Modesto, California 95358
4. The Clerk of the Court is directed to serve a copy of this order on the Financial
Department of the court.
Dated: November 9, 2011

14

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

15
16
17
18
19
20
21
22
23
24
25
26
2