Ames v. Virga et al

Filing 7

ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Bryon Ames signed by Magistrate Judge John F. Moulds on 12/22/2011. CDC is to collect an initial partial filing fee 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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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BRYON AMES,
Plaintiff,

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No. 2:11-cv-3197 KJM JFM (PC)

vs.
TIM VIRGA, et al.,
Defendants.

ORDER FOR PAYMENT
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OF INMATE FILING FEE

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To: Director of the California Department of Corrections and Rehabilitation, 1515 S Street,

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Sacramento, California 95814:

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

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pay the statutory filing fee of $350.00 for this action. Plaintiff is assessed an initial partial filing

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fee of 20 percent of the greater of (a) the average monthly deposits to plaintiff's trust account; or

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(b) the average monthly balance in plaintiff's account for the 6-month period immediately

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preceding the filing of this action. 28 U.S.C. § 1915(b)(1). Upon payment of that initial partial

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filing fee, plaintiff will be obligated to make monthly payments in the amount of twenty percent

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of the preceding month’s income credited to plaintiff’s trust account. The California Department

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of Corrections and Rehabilitation is required to send to the Clerk of the Court the initial partial

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filing fee and thereafter payments from plaintiff’s prison trust account each time the amount in
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the account exceeds $10.00, until the statutory filing fee of $350.00 is paid in full. 28 U.S.C.

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§ 1915(b)(2).

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Good cause appearing therefore, IT IS HEREBY ORDERED that:

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1. The Director of the California Department of Corrections and Rehabilitation or

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a designee shall collect from plaintiff’s prison trust account an initial partial filing fee in

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accordance with the provisions of 28 U.S.C. § 1915(b)(1) as set forth in this order and shall

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forward the amount to the Clerk of the Court. Said payment shall be clearly identified by the

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name and number assigned to this action.

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2. Thereafter, the Director of the California Department of Corrections and

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Rehabilitation or a designee shall collect from plaintiff's prison trust account monthly payments

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

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month's income credited to the prisoner’s trust account and forwarding payments to the Clerk of

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the Court each time the amount in the account exceeds $10.00 in accordance with 28 U.S.C.

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§ 1915(b)(2), until the $350.00 filing fee for this action has been paid in full. The payments

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shall be clearly identified by the name and 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 Director, California Department of Corrections

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and Rehabilitation, 1515 S Street, Sacramento, California 95814.

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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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/kly014;ames3197.cdcjfm

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