Baylis v. Ali

Filing 7

ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Timothy Baylis signed by Magistrate Judge Craig M. Kellison on 12/16/11. CDC is to collect an initial partial filing fee, if assessed in accompanying ifp order, and then after, monthly p ayments 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 Director of CDC. Clerk to also serve Financial with a copy of this order. (cc: CDC, 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
11

TIMOTHY BAYLIS,

12

Plaintiff,

13
14

vs.

ORDER

S. ALI,

15

Defendant.

16
17

No. CIV S-11-2868-CMK-P

/
To:

The California Department of Corrections and Rehabilitation
1515 S Street, Sacramento, California 95814:

18
19

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

20

pay the full statutory filing fee of $350.00 for this action. In addition to any initial partial filing

21

fee that has been assessed, plaintiff will be obligated to make monthly payments in the amount of

22

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

23

agency referenced above is required to send to the Clerk of the Court the initial partial filing fee

24

and thereafter payments from plaintiff’s inmate trust account each time the amount in the account

25

exceeds $10.00, until the statutory filing fee of $350.00 is paid in full. See 28 U.S.C.

26

§ 1915(b)(2).
1

1

Good cause appearing therefor, IT IS HEREBY ORDERED that:

2

1.

The director of the agency referenced above, or a designee, shall collect

3

from plaintiff’s prison trust account an initial partial filing fee in accordance with the provisions

4

of 28 U.S.C. § 1915(b)(1) and shall forward the amount to the Clerk of the Court, such payment

5

to be clearly identified by the name and number assigned to this action;

6

2.

Thereafter, the director of the agency referenced above, or a designee, shall

7

collect from plaintiff's prison trust account the balance of the filing fee by collecting monthly

8

payments from plaintiff's inmate trust account in an amount equal to twenty percent (20%) of the

9

preceding month's income credited to the prisoner's inmate trust account and forwarding

10

payments to the Clerk of the Court each time the amount in the account exceeds $10.00 in

11

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

12

in full, such payments to be clearly identified by the name and number assigned to this action;

13

3.

The Clerk of the Court is directed to serve a copy of this order, a copy of

14

the court’s order granting in forma pauperis status, and a copy of plaintiff's signed in forma

15

pauperis affidavit to the address shown above; and

16
17

4.

The Clerk of the Court is further directed to serve a copy of this order on

the Financial Department of the court.

18
19
20
21

DATED: December 16, 2011
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

22
23
24
25
26
2