Massie v. Amaya et al

Filing 9

ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Kendall J. Newman on 4/11/12 ORDERING the Sheriff of Shasta County to collect and forward payment from the prison trust account of Scott Massie 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 Shasta 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 MASSIE, 11 12 13 14 Plaintiff, No. 2:12-cv-0525 KJN P vs. ARIK AMAYA, et al., Defendants. 15 ORDER FOR PAYMENT / OF INMATE FILING FEE 16 To: The Sheriff of Shasta County, Attention: Inmate Trust Account, 1525 Court Street, 17 Redding, California 96001: 18 Plaintiff, a county jail inmate 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) 21 the average monthly balance in plaintiff's trust account for the 6-month period immediately 22 preceding the filing of this action. 28 U.S.C. § 1915(b)(1). Upon payment of that initial partial 23 filing fee, plaintiff will be obligated to make monthly payments in the amount of twenty percent 24 of the preceding month’s income credited to plaintiff’s trust account. The Shasta County Sheriff 25 is required to send to the Clerk of the Court the initial partial filing fee and thereafter payments 26 from plaintiff’s inmate trust account each time the amount in the account exceeds $10.00, until 1 1 the statutory filing fee of $350.00 is paid in full. 28 U.S.C. § 1915(b)(2). 2 Good cause appearing therefore, IT IS HEREBY ORDERED that: 3 1. The Sheriff of Shasta County or a designee shall collect from plaintiff’s inmate 4 trust account an initial partial filing fee in accordance with the provisions of 28 U.S.C. § 5 1915(b)(1) as set forth in this order and shall forward the amount to the Clerk of the Court. The 6 payment shall be clearly identified by the name and number assigned to this action. 7 2. Thereafter, the Shasta County Sheriff or a designee shall collect from plaintiff's 8 inmate trust account monthly payments from plaintiff's trust account in an amount equal to 9 twenty percent (20%) of the preceding month’s income credited to the inmate’s trust account and 10 forward payments to the Clerk of the Court each time the amount in the trust account exceeds 11 $10.00 in accordance with 28 U.S.C. § 1915(b)(2), until the $350.00 filing fee for this action has 12 been paid in full. The payments shall be clearly identified by the name and number assigned to 13 this action. 14 3. The Clerk of the Court is directed to serve a copy of this order and a copy of 15 plaintiff's signed in forma pauperis affidavit on the Sheriff of Shasta County, Attention: Inmate 16 Trust Account, 1525 Court Street, Redding, California 96001. 17 4. The Clerk of the Court is directed to serve a copy of this order on the Financial 18 Department of the court. 19 DATED: April 11, 2012 20 21 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 22 23 mass0525.cdc 24 25 26 2

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