Quair v. Gertz

Filing 21

ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Carolyn K. Delaney on 10/28/11 ORDERING the Sheriff of Butte County to collect and forward payment from the prison trust account of Sammy R. Quair, Sr. to the clerk until the balance of  6;350 is paid in full. The clerk is directed to serve a copy of this order and the plaintiff's IFP on the Sheriff of Butte County. The clerk is directed to serve a copy of this order on the financial department of the court. (cc Financial). (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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SAMMY R. QUAIR, SR.

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Plaintiff,

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vs.

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No. CIV S-11-2293 CKD P

GERTZ, Sheriff,

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Defendant.

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ORDER FOR PAYMENT
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OF INMATE FILING FEE

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To: The Sheriff of Butte County, Attention: Inmate Trust Account, 33 County Center Drive,

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Oroville, CA 95965

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Plaintiff, a state prisoner proceeding pro se and in forma pauperis, is obligated to

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pay the statutory filing fee of $350.00 for this action. 28 U.S.C. § 1915(b)(1). Plaintiff is

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assessed an initial partial filing fee of 20 percent of the greater of (a) the average monthly

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deposits to plaintiff's trust account; or (b) the average monthly balance in plaintiff's account for

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the 6-month period immediately preceding the filing of this action. 28 U.S.C. § 1915(b)(1).

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Upon payment of that initial partial filing fee, plaintiff will be obligated to make monthly

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payments in the amount of twenty percent of the preceding month’s income credited to plaintiff’s

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trust account. The Sheriff of Butte County is required to send to the Clerk of the Court the initial

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partial filing fee and thereafter payments from plaintiff’s prison trust account each time the

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

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U.S.C. § 1915(b)(2).
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Good cause appearing therefore, IT IS HEREBY ORDERED that:

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1. The Sheriff of Butte County or a designee shall collect from plaintiff’s inmate

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trust account an initial partial filing fee in accordance with the provisions of 28 U.S.C. §

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1915(b)(1) as set forth in this order and shall forward the amount to the Clerk of the Court. The

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

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2. Thereafter, the Sheriff of Butte County or a designee shall collect from

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plaintiff’s inmate trust account monthly payments in an amount equal to twenty percent (20%) of

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the preceding month’s income credited to the inmate’s trust account and forward payments to the

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Clerk of the Court each time the amount in the account exceeds $10.00 in accordance with 28

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U.S.C. § 1915(b)(2), until the $350.00 filing fee for this action has been paid in full. The

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

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3. The Clerk of the Court is directed to serve a copy of this order and a copy of

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plaintiff's signed in forma pauperis affidavit on the Sheriff of Butte County, Attention: Inmate

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Trust Account, 33 County Center Drive, Oroville, CA 95965.

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4. The Clerk of the Court is directed to serve a copy of this order on the Financial
Department of the court.
Dated: October 28, 2011

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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quai2293.CDC.Butte

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