Palomar v. Athans et al
ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of George Ruiz Palomar, II, signed by Magistrate Judge Kendall J. Newman on 8/3/2012. CDC is to collect an initial partial filing fee and thereafter the balance in monthly payments and forw ard to the clerk until the $350 filing fee is paid in full. The Clerk is directed to serve this order and copy of plaintiff's IFP on the Director of CDC. The Clerk to also serve Financial with a copy of this order. (cc: CDC, Financial)(Yin, K)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
GEORGE RUIZ PALOMAR, II,
No. 2: 12-cv-0757 KJN P
T. ATHANS, et al.,
ORDER FOR PAYMENT
OF INMATE FILING FEE
To: Director of the California Department of Corrections and Rehabilitation, 1515 S Street,
Sacramento, California 95814:
Plaintiff, a state prisoner proceeding in forma pauperis, is obligated to pay the
statutory filing fee of $350.00 for this action. Plaintiff is assessed an initial partial filing fee of
20 percent of the greater of (a) the average monthly deposits to plaintiff’s trust account; or (b) the
average monthly balance in plaintiff’s account for the 6-month period immediately preceding the
filing of this action. 28 U.S.C. § 1915(b)(1). Upon payment of that initial partial filing fee,
plaintiff will be obligated to make monthly payments in the amount of twenty percent of the
preceding month’s income credited to plaintiff’s trust account. The California Department of
Corrections and Rehabilitation is required to send to the Clerk of the Court the initial partial
filing fee and thereafter payments from plaintiff’s prison trust account each time the amount in
the account exceeds $10.00, until the statutory filing fee of $350.00 is paid in full. 28 U.S.C.
Good cause appearing therefore, IT IS HEREBY ORDERED that:
1. The Director of the California Department of Corrections and Rehabilitation or
a designee shall collect from plaintiff’s prison trust account an initial partial filing fee in
accordance with the provisions of 28 U.S.C. § 1915(b)(1) as set forth in this order and shall
forward the amount to the Clerk of the Court. The payment shall be clearly identified by the
name and number assigned to this action.
2. Thereafter, the Director of the California Department of Corrections and
Rehabilitation or a designee shall collect from plaintiff’s prison trust account monthly payments
from plaintiff’s prison trust account in an amount equal to twenty percent (20%) of the preceding
month’s income credited to the prisoner’s trust account and forward payments to the Clerk of the
Court each time the amount in the account exceeds $10.00 in accordance with 28 U.S.C.
§ 1915(b)(2), until the $350.00 filing fee for this action has been paid in full. The payments shall
be clearly identified by the name and number assigned to this action.
3. The Clerk of the Court is directed to serve a copy of this order and a copy of
plaintiff’s signed in forma pauperis affidavit on Director, California Department of Corrections
and Rehabilitation, 1515 S Street, Sacramento, California 95814.
4. The Clerk of the Court is directed to serve a copy of this order on the Financial
Department of the court.
DATED: August 3, 2012
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE
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