Ortega v. Aramark et al

Filing 8

ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Kendall J. Newman on 4/5/12 ORDERING the Sheriff of Solano County to collect and forward payment from the prison trust account of Rudolfo Ortega, Jr. to the clerk until the balance of $ 350 is paid in full. The clerk is directed to serve a copy of this order and the plaintiff's IFP on the Sheriff of Solano County. The clerk is directed to serve a copy of this order on the financial department of the court. Clerk of Court is fu rther directed to vacate the 6 order, which was erroneously directed to the California Department of Corrections and Rehabilitation, rather than the Solano County Jail, and to serve a copy of this order on the Director, California Department of Corrections and Rehabilitation, 1515 S Street, Sacramento, California 95814. (cc Financial, CDC )(Dillon, M)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

RUDOLFO ORTEGA, JR.,

11

Plaintiff,

12

vs.

13

No. 2:11-cv-3391 KJN P

ARAMARK, et al.,

14

ORDER1 and ORDER FOR PAYMENT

Defendants.

15

OF INMATE FILING FEE
/

16

To: The Sheriff of Solano County, Attention: Inmate Trust Account, 500 Union Avenue,

17

Fairfield, California, 94533:

18

Plaintiff, a state prisoner proceeding without counsel and in forma pauperis, is

19

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

20

partial filing fee of 20 percent of the greater of: (a) the average monthly deposits to plaintiff's

21

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

22

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

23

initial partial filing fee, plaintiff will be obligated to make monthly payments in the amount of

24

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

25
26

1

The Clerk of Court is directed to the last paragraph of this order.
1

1

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

2

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

3

$10.00, until the statutory filing fee of $350.00 is paid in full. 28 U.S.C. § 1915(b)(2).

4

Good cause appearing therefore, IT IS HEREBY ORDERED that:

5

1. The Sheriff of Solano County or a designee shall collect from plaintiff’s trust

6

account an initial partial filing fee in accordance with the provisions of 28 U.S.C. § 1915(b)(1) as

7

set forth in this order and shall forward the amount to the Clerk of the Court. The payment shall

8

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

9

2. Thereafter, the Sheriff of Solano County or a designee shall collect from

10

plaintiff's trust account monthly payments from plaintiff's trust account in an amount equal to

11

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

12

and forward payments to the Clerk of the Court each time the amount in the account exceeds

13

$10.00 in accordance with 28 U.S.C. § 1915(b)(2), until the $350.00 filing fee for this action has

14

been paid in full. The payments shall be clearly identified by the name and number assigned to

15

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 the Sheriff of Solano County, Attention: Inmate

18

Trust Account, 500 Union Avenue, Fairfield, California, 94533:

19
20

4. The Clerk of the Court is directed to serve a copy of this order on the Financial
Department of the court.

21

5. The Clerk of Court is further directed to vacate the order filed March 30, 2012

22

(Dkt. No. 6), which was erroneously directed to the California Department of Corrections and

23

Rehabilitation, rather than the Solano County Jail, and to serve a copy of this order on the

24

////

25

////

26

////
2

1

Director, California Department of Corrections and Rehabilitation, 1515 S Street, Sacramento,

2

California 95814.

3

DATED: April 5, 2012

4
5

_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

6
7

orte3391.cdc.kjn.solano

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
3