Claybrooks v. Donahou

Filing 12

ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Casanova Claybrooks signed by Magistrate Judge John F. Moulds on 12/22/2011. The Sheriff of Shasta County is to collect an initial partial filing fee of and thereafter the balance and fo rward 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 the Sheriff of Shasta 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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CASANOVA CLAYBROOKS,

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Plaintiff,

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No. 2:11-cv-3002 GEB JFM (PC)

vs.
RACHEL DONAHOU,

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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 Shasta County, Attention: Inmate Trust Account, 1525 Court Street,

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Redding, California 96001:

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Plaintiff, a county jail inmate proceeding pro se 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 trust

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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 Sheriff

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of Shasta County is required to send to the Clerk of the Court the initial partial filing fee and

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thereafter payments from plaintiff’s prison 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 Shasta County or a designee shall collect from plaintiff’s prison

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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. Said

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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 Shasta County or a designee shall collect from

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plaintiff's prison trust account monthly payments from plaintiff's prison trust account in an

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

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trust account and forwarding payments to the Clerk of the Court each time the amount in the

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account exceeds $10.00 in accordance with 28 U.S.C. § 1915(b)(2), until the $350.00 filing fee

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for this action has been paid in full. The payments shall be clearly identified by the name and

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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 Shasta County, Attention: Inmate

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Trust Account, 1525 Court Street, Redding, California 96001.

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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: December 22, 2011.

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/kly
clay3002.cdcjfm

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