Smith v. Letourneau et al

Filing 10

ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of David Smith signed by Magistrate Judge Edmund F. Brennan on 5/7/2012. The Sheriff of Stanislaus County is to collect an initial partial filing fee of and thereafter the balance in monthl y 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 Sheriff of Stanislaus County. Clerk to also serve Financial with a copy of this order. (cc: Financial)(Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAVID SMITH,
Plaintiff,

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No. CIV S-11-2808 EFB P

vs.

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D. LETOURNEAU, et al.,

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Defendants.

ORDER
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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 Sheriff of Stanislaus County and deliver a copy of this order to the

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Clerk’s financial division.

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So ordered.

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Dated: May 7, 2012.

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