Arceo v. DVI, et al

Filing 8

ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Kendall J. Newman on 5/16/12 ORDERING the Sheriff of San Joaquin County to collect and forward payment from the prison trust account of Anthony Arceo 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)(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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ANTHONY ARCEO,

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Plaintiff,

No. 2:11-cv-02396 KJN P

vs.
SOCORRO SALINAS, et al.,
Defendants.

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ORDER FOR PAYMENT
/

OF INMATE FILING FEE

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To: The Sheriff of San Joaquin County, Attention: Inmate Trust Account, 999 W. Mathews

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Road, French Camp, California 95231:

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

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obligated to pay the statutory filing fee of $350.00 for this action. Plaintiff is assessed an initial

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partial filing fee of 20 percent of the greater of: (a) the average monthly deposits to plaintiff's

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trust account; or (b) the average monthly balance in plaintiff's account for the 6-month period

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immediately preceding the filing of this action. 28 U.S.C. § 1915(b)(1). Upon payment of that

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initial partial filing fee, plaintiff will be obligated to make monthly payments in the amount of

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twenty percent of the preceding month’s income credited to plaintiff’s trust account. The San

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Joaquin County Sheriff is required to send to the Clerk of the Court the initial partial filing fee

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and thereafter payments from plaintiff’s trust account each time the amount in the account
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exceeds $10.00, until the statutory filing fee of $350.00 is paid in full. 28 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 San Joaquin County or a designee shall collect from plaintiff’s

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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 San Joaquin County or a designee shall collect from

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plaintiff's trust account monthly payments from plaintiff's trust account in an amount equal to

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twenty percent (20%) of the preceding month's income credited to the prisoner’s trust account

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and forward payments to the Clerk of the Court each time the amount in the account exceeds

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$10.00 in accordance with 28 U.S.C. § 1915(b)(2), until the $350.00 filing fee for this action has

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been paid in full. The payments shall be clearly identified by the name and number assigned to

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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 San Joaquin County, Attention:

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999 W. Mathews Road, French Camp, California 95231.

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4. The Clerk of the Court is directed to serve a copy of this order on the Financial

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Department of the court.

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DATED: May 16, 2012

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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arce2396.cdc.san.joaquin.

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