Ross v. Ryan et al

Filing 5

ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Robby D. Ross signed by Magistrate Judge Kendall J. Newman on 03/06/12. The Sheriff of Amador County shall 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 Sheriff of Amador County. Clerk to also serve Financial with a copy of this order. (cc: Financial)(Plummer, 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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ROBBY D. ROSS,

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Plaintiff,

No. 2:12-cv-0528 KJN P

vs.
MARTIN RYAN, et al.,
Defendants.

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ORDER FOR PAYMENT
/

OF INMATE FILING FEE

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To: The Sheriff of Amador County, Attention: Inmate Trust Account, 700 Court Street,

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Jackson, California 95642:

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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)

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the 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 Amador 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 Amador 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.

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

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2. Thereafter, the Amador 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 Amador County, Attention: Inmate

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Trust Account, 700 Court Street, Jackson, California 95642.

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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 6, 2012

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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ross0528.cdc

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