Contreras v. Montanez, et al

Filing 7

ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Gregory G. Hollows on 12/12/11 ORDERING the director of the CDC to collect and forward payment from the prison trust account of Derrick D. Contreras to the clerk until the balance of $3 50 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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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DERRICK D. CONTRERAS, 11 12 13 14 Plaintiff, No. CIV S-11-2690 GGH P vs. C/O A. MONTANEZ, et al., Defendants. 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: December 12, 2011 14 /s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE 15 16 GGH:009 cont2690.cdca 17 18 19 20 21 22 23 24 25 26 2

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