Cooley v. City of Vallejo et al

Filing 6

ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Gregory G. Hollows on 4/9/12 ORDERING the Sheriff of Solano County to collect and forward payment from the prison trust account of Frederick Marc Cooley to the clerk until the balance of � 36;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 Solano 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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FREDERICK MARC COOLEY,

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Plaintiff,

No. CIV S-12-0591 GGH P

vs.

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CITY OF VALLEJO, et al.,

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Defendants.

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ORDER FOR PAYMENT
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OF INMATE FILING FEE

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To: The Sheriff of Solano County, Attention: Inmate Trust Account, 500 Union Avenue,

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Fairfield, California, 94533:

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Plaintiff, a state prisoner 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 account for the 6-month period immediately preceding the

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filing of this action. 28 U.S.C. § 1915(b)(1). Upon payment of that initial partial filing fee,

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plaintiff will be obligated to make monthly payments in the amount of twenty percent of the

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preceding month’s income credited to plaintiff’s trust account. The Solano County Sheriff is

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

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from plaintiff’s trust account each time the amount in the account exceeds $10.00, until the

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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 Solano County or a designee shall collect from plaintiff’s trust

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account an initial partial filing fee in accordance with the provisions of 28 U.S.C. § 1915(b)(1) as

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set forth in this order and shall forward the amount to the Clerk of the Court. The payment shall

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

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

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plaintiff's trust account monthly payments from plaintiff's trust account in an amount equal to

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

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

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

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

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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 Solano County, Attention: Inmate

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Trust Account, 500 Union Avenue, Fairfield, California, 94533:

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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: April 9, 2012

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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GGH:009

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cool0591.cdc

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