Calihan v. Knipp et al

Filing 14

ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Craig M. Kellison on 10/10/2012 ORDERING 5 Motion to Proceed IFP is GRANTED; Plaintiff is obligated to pay the full statutory filing fee of $350.00 in accordance with this Order; Dire ctor of agency referenced in this Order shall collect from plaintiff's inmate trust account payments in accordance with this Order; Clerk is directed to serve a copy of this Order and copy of IFP affidavit to address provided; Clerk shall serve this Order on court's financial unit. be made from Prison Account of Kenneth R. Calihan; Plaintiff's 9 Motion for Extension of Time is DENIED as unnecessary. (cc: financial) (Waggoner, D)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KENNETH R. CALIHAN,

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No. 2:12-CV-2356-KJM-CMK-P

Plaintiff,
vs.

ORDER

WILLIAM KNIPP, et al.,

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Defendants.

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/

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Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42

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U.S.C. § 1983. Plaintiff has submitted a declaration that makes the showing required by 28

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U.S.C. § 1915(a). The request to proceed in forma pauperis will, therefore, be granted. Plaintiff

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has also submitted a motion for an extension of time to submit the necessary trust statement

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(Doc. 9). However, plaintiff’s application contains a certified trust statement as required. His

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motion for additional time, therefore, is unnecessary.

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To:

The California Department of Corrections and Rehabilitation
1515 S Street, Sacramento, California 95814:

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Plaintiff is obligated to pay the full statutory filing fee of $350.00 for this action.
In addition to any initial partial filing fee required to be assessed, plaintiff will be obligated to
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make monthly payments in the amount of twenty percent of the preceding month’s income

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credited to plaintiff’s inmate trust account. The agency referenced above is required to send to

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the Clerk of the Court the initial partial filing fee and thereafter payments from plaintiff’s inmate

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trust account each time the amount in the account exceeds $10.00, until the statutory filing fee of

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$350.00 is paid in full. See 28 U.S.C. § 1915(b)(2).

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Accordingly, IT IS HEREBY ORDERED that:

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1.

Plaintiff’s motion for leave to proceed in forma pauperis (Doc. 5) is

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Plaintiff is required to pay the full statutory filing fee of $350.00 for this

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granted;

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action pursuant to 28 U.S.C. §§ 1914(a) and 1915(b)(1);

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3.

The director of the agency referenced above, or a designee, shall collect

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from plaintiff’s inmate trust account an initial partial filing fee in accordance with the provisions

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of 28 U.S.C. § 1915(b)(1) and shall forward the amount to the Clerk of the Court, such payment

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

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4.

Thereafter, the director of the agency referenced above, or a designee, shall

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collect from plaintiff's inmate trust account the balance of the filing fee by collecting monthly

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payments from plaintiff's inmate trust account in an amount equal to twenty percent (20%) of the

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preceding month's income credited to plaintiff’s inmate trust account and forwarding payments to

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the Clerk of the Court each time the amount in the account exceeds $10.00 in accordance with 28

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U.S.C. § 1915(b)(2), until the $350.00 filing fee for this action has been paid in full, such

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

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5.

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 to the address shown above;

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6.

The Clerk of the Court is further directed to serve a copy of this order on

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the Financial Department of the court; and

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///
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Plaintiff’s motion for extension of time (Doc. 9) is denied as unnecessary.

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DATED: October 10, 2012
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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