Chappell v. Fleming et al

Filing 8

ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Rex Chappell signed by Magistrate Judge Gregory G. Hollows on 04/20/12. CDC is to collect payments from plaintiff's account and forward to the clerk until the $350.00 filing fee is paid in full. Clerk to serve this order and a copy of plaintiff's IFP on the Director of CDC. Clerk to also serve Financial with a copy of this order. (cc: CDC Director and Financial)(Plummer, M)

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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 REX CHAPPELL, 11 12 13 14 Plaintiff, No. CIV-S-12-0234 MCE GGH P vs. OFFICER FLEMING, et al. Defendants. 15 ORDER FOR PAYMENT / 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 in forma pauperis, is obligated to pay the 19 statutory filing fee of $350.00 for this action. Plaintiff is not assessed an initial partial filing fee. 20 28 U.S.C. § 1915(b)(1). Plaintiff is obligated to make monthly payments in the amount of twenty 21 percent of the preceding month’s income credited to plaintiff’s trust account. The California 22 Department of Corrections and Rehabilitation is required to send to the Clerk of the Court the 23 payments from plaintiff’s prison trust account each time the amount in the account exceeds 24 $10.00, until the statutory filing fee of $350.00 is paid in full. 28 U.S.C. § 1915(b)(2). 25 Good cause appearing therefore, IT IS HEREBY ORDERED that: 26 1. The Director of the California Department of Corrections and Rehabilitation or 1 1 a designee shall collect monthly payments from plaintiff’s prison trust account in an amount 2 equal to twenty percent (20%) of the preceding month’s income credited to the prisoner’s trust 3 account and forward payments to the Clerk of the Court each time the amount in the account 4 exceeds $10.00 in accordance with 28 U.S.C. § 1915(b)(2), until the $350.00 filing fee for this 5 action has been paid in full. The payments shall be clearly identified by the name and number 6 assigned to this action. 7 2. The Clerk of the Court is directed to serve a copy of this order and a copy of 8 plaintiff’s signed in forma pauperis affidavit on Director, California Department of Corrections 9 and Rehabilitation, 1515 S Street, Sacramento, California 95814. 10 3. The Clerk of the Court is directed to serve a copy of this order on the Financial 11 Department of the court. 12 DATED: April 20, 2012 13 /s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE 14 15 ggh:rb chap0234.cdc 16 17 18 19 20 21 22 23 24 25 26 2

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