Foy v. Vallejo Police Department

Filing 7

ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Alfred James Foy signed by Magistrate Judge Craig M. Kellison on 1/25/2012. The Sheriff of Solano County is to collect an initial partial filing fee, if assessed in accompanying ifp ord er, and then after, monthly 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 Solano 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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ALFRED JAMES FOY,

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Plaintiff,

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vs.

ORDER

VALLEJO POLICE DEPARTMENT,
Defendant.

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/

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No. CIV S-11-3262-CMK-P

To:

The Sheriff of Solano County, Attention: Inmate Trust Account
500 Union Avenue, Fairfield, California 94533:

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Plaintiff, a county inmate proceeding pro se and in forma pauperis, is obligated to

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

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fee that has been assessed, 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 inmate trust account. The

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

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and thereafter payments from plaintiff’s inmate 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. See 28 U.S.C.

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§ 1915(b)(2).
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Good cause appearing therefor, IT IS HEREBY ORDERED that:

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1.

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

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

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

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

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2.

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

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

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

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

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

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

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in full, such payments to 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, a copy of

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

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pauperis affidavit to the address shown above; and

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4.

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

the Financial Department of the court.

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DATED: January 25, 2012
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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