Diaz v. Siskiyou County Jail

Filing 9

ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge John F. Moulds on 3/13/12 ORDERING the Sheriff of Siskiyou County to collect and forward payment from the prison trust account of Cindy Diaz 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 Siskiyou County. The clerk is directed to serve a copy of this order on the financial department of the court. (cc Financial )(Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CINDY DIAZ,

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Plaintiff,

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No. 2:12-cv-0328 JFM (PC)

vs.
SISKIYOU COUNTY JAIL,

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Defendant.

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ORDER FOR PAYMENT
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OF INMATE FILING FEE

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To: The Sheriff of Siskiyou County, Attention: Inmate Trust Account, 315 S. Oregon Street,

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Yreka, California 96097:

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Plaintiff, a county jail inmate proceeding in forma pauperis, is obligated to pay the

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

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

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average monthly balance in plaintiff's trust 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 Siskiyou County

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

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

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

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Good cause appearing therefore, IT IS HEREBY ORDERED that:

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

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inmate trust account an initial partial filing fee in accordance with the provisions of 28 U.S.C. §

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1915(b)(1) as set forth in this order and shall forward the amount to the Clerk of the Court. The

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

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

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plaintiff's inmate trust account monthly payments from plaintiff's trust account in an amount

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

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

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

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

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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 the Sheriff of Siskiyou County, Attention:

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Inmate Trust Account, 315 S. Oregon Street, Yreka, California 96097.

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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: March 13, 2012.

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/kly
diaz0328.cdc

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