Papenhausen v. Hollister et al

Filing 6

ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Dale A. Drozd on 7/5/12 ORDERING the Sheriff of Plumas County to collect and forward payment from the prison trust account of Scott Papenhausen 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 Plumas 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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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SCOTT PAPENHAUSEN, 11 Plaintiff, 12 13 No. 2:12-cv-0344 DAD P vs. DAVID HOLLISTER et al., 14 Defendant. 15 ORDER FOR PAYMENT / OF INMATE FILING FEE 16 To: The Sheriff of Plumas County, Attention: Inmate Trust Account, 50 Abernathy Lane, 17 Quincy California, 95971: 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 assessed an initial partial filing fee of 20 20 percent of the greater of (a) the average monthly deposits to plaintiff's trust account; or (b) the 21 average monthly balance in plaintiff's account for the 6-month period immediately preceding the 22 filing of this action. 28 U.S.C. § 1915(b)(1). Upon payment of that initial partial filing fee, 23 plaintiff will be obligated to make monthly payments in the amount of twenty percent of the 24 preceding month’s income credited to plaintiff’s trust account. The Plumas County Sheriff is 25 required to send to the Clerk of the Court the initial partial filing fee and thereafter payments 26 ///// 1 1 from plaintiff’s trust account each time the amount in the account exceeds $10.00, until the 2 statutory filing fee of $350.00 is paid in full. 28 U.S.C. § 1915(b)(2). 3 Good cause appearing therefore, IT IS HEREBY ORDERED that: 4 1. The Sheriff of Plumas County or a designee shall collect from plaintiff’s trust 5 account an initial partial filing fee in accordance with the provisions of 28 U.S.C. § 1915(b)(1) as 6 set forth in this order and shall forward the amount to the Clerk of the Court. The payment shall 7 be clearly identified by the name and number assigned to this action. 8 2. Thereafter, the Sheriff of Plumas County or a designee shall collect from 9 plaintiff's trust account monthly payments from plaintiff's trust account in an amount equal to 10 twenty percent (20%) of the preceding month's income credited to the prisoner’s trust account 11 and forward payments to the Clerk of the Court each time the amount in the account exceeds 12 $10.00 in accordance with 28 U.S.C. § 1915(b)(2), until the $350.00 filing fee for this action has 13 been paid in full. The payments shall be clearly identified by the name and number assigned to 14 this action. 15 3. The Clerk of the Court is directed to serve a copy of this order and a copy of 16 plaintiff's signed in forma pauperis affidavit on the Sheriff of Plumas County, Attention: Inmate 17 Trust Account, 50 Abernathy Lane, Quincy California, 95971. 18 4. The Clerk of the Court is directed to serve a copy of this order on the Financial 19 Department of the court. 20 DATED: July 5, 2012. 21 22 23 DAD:9 pape0344.plumas 24 25 26 2

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