Florence v. Nangalama et al

Filing 5

ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of David Florence signed by Magistrate Judge John F. Moulds on 12/22/2011. CDC is to collect an initial partial filing fee of and thereafter the balance 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)

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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 DAVID FLORENCE, Plaintiff, 11 12 13 14 No. 2:11-cv-3119 JFM (PC) vs. A. W. NANGALAMA, et al., Defendants. ORDER FOR PAYMENT / 15 OF INMATE FILING FEE 16 To: 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. Plaintiff is assessed an initial partial filing 20 fee of 20 percent of the greater of (a) the average monthly deposits to plaintiff's trust account; or 21 (b) the average monthly balance in plaintiff's account for the 6-month period immediately 22 preceding the filing of this action. 28 U.S.C. § 1915(b)(1). Upon payment of that initial partial 23 filing fee, plaintiff will be obligated to make monthly payments in the amount of twenty percent 24 of the preceding month’s income credited to plaintiff’s trust account. The California Department 25 of Corrections and Rehabilitation is required to send to the Clerk of the Court the initial partial 26 filing fee and thereafter payments from plaintiff’s prison trust account each time the amount in 1 1 the account exceeds $10.00, until the statutory filing fee of $350.00 is paid in full. 28 U.S.C. 2 § 1915(b)(2). 3 Good cause appearing therefore, IT IS HEREBY ORDERED that: 4 1. The Director of the California Department of Corrections and Rehabilitation or 5 a designee shall collect from plaintiff’s prison trust account an initial partial filing fee in 6 accordance with the provisions of 28 U.S.C. § 1915(b)(1) as set forth in this order and shall 7 forward the amount to the Clerk of the Court. Said payment shall be clearly identified by the 8 name and number assigned to this action. 9 2. Thereafter, the Director of the California Department of Corrections and 10 Rehabilitation or a designee shall collect from plaintiff's prison trust account monthly payments 11 from plaintiff's prison trust account in an amount equal to twenty percent (20%) of the preceding 12 month's income credited to the prisoner’s trust account and forwarding payments to the Clerk of 13 the Court each time the amount in the account exceeds $10.00 in accordance with 28 U.S.C. 14 § 1915(b)(2), until the $350.00 filing fee for this action has been paid in full. The payments 15 shall be clearly identified by the name and number assigned to this action. 16 3. The Clerk of the Court is directed to serve a copy of this order and a copy of 17 plaintiff's signed in forma pauperis affidavit on Director, California Department of Corrections 18 and Rehabilitation, 1515 S Street, Sacramento, California 95814. 19 4. The Clerk of the Court is directed to serve a copy of this order on the Financial 20 Department of the court. 21 DATED: December 22, 2011. 22 23 24 25 /kly014;flor3119.cdcjfm 26 2

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