McNeil v. Solano County Detention Facilities

Filing 8

ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Daniel McNeil signed by Magistrate Judge Carolyn K. Delaney on 2/13/2013. The Sheriff is to collect an initial partial filing fee and thereafter the balance in monthly payments and for ward 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 Solano County Jail. 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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DANIEL MCNEIL,

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Plaintiff,

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No. 2:13-cv-0044 CKD P

vs.
SOLANO COUNTY DETENTION
FACILITIES,

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Defendants.
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/

ORDER FOR PAYMENT
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 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 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 prison trust account each time the amount in the account exceeds $10.00, until

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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 Solano County Sheriff or a designee shall collect from plaintiff’s prison

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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 Solano County Sheriff or a designee shall collect from
plaintiff’s prison trust account monthly payments from plaintiff’s prison trust account in an

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amount equal to twenty percent (20%) of the preceding month’s income credited to the prisoner’s

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trust account and forward payments to the Clerk of the Court each time the amount in the 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 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
Department of the court.
Dated: February 13, 2013

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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1/kly

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mcne0044.cdc

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