Buenafe v. Falle et al

Filing 8

ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Dale A. Drozd on 8/28/13 ORDERING the Sheriff of Yolo County to collect and forward payment from the prison trust account of Eric Buenafe to the clerk until the balance of $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 Yolo 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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ERIC BUENAFE,

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Plaintiff,

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No. 2:13-cv-0771 DAD P

vs.
CAPTAIN FALLE 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 Yolo County, Attention: Inmate Trust Account, 41793 Gibson Road,

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Woodland, California 95776:

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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 Yolo 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 inmate 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 Sheriff of Yolo County or a designee shall collect from plaintiff’s inmate

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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 Yolo County Sheriff or a designee shall collect from plaintiff's
inmate 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 inmate’s trust account and

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forward payments to the Clerk of the Court each time the amount in the trust 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 Yolo County, Attention: Inmate

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Trust Account, 41793 Gibson Road, Woodland, California 95776.

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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: August 28, 2013.

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DAD:9
buen0771.yolo

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