Aguirre v. County of Sacramento et al

Filing 7

ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Carlos R. Aguirre signed by Magistrate Judge Kendall J. Newman on 9/12/2012. The Sheriff is to collect an initial partial filing fee and thereafter the balance in monthly payments and forward 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 Sheriff of Sacramento County. The Clerk to also serve Financial with a copy of this order. (cc: Financial)(Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CARLOS R. AGUIRRE,

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Plaintiff,

No. 2:12-cv-2165 KJN P

vs.
COUNTY OF SACRAMENTO,
et al.,
Defendants.

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ORDER FOR PAYMENT
/

OF INMATE FILING FEE

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To: The Sheriff of Sacramento County, Attention: Inmate Trust Account, 651 I Street,

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Sacramento, California 95814:

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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) the

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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 Sacramento 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 Sacramento 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. The

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

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2. Thereafter, the Sacramento 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 Sacramento County, Attention:

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Inmate Trust Account, 651 I Street, Sacramento, California 95814.

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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: September 12, 2012

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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agui2165.cdcsacramento

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