Thompson v. Scully, et al

Filing 11

ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of David Allen Thompson signed by Magistrate Judge Allison Claire on 09/13/13. The Sheriff of Sacramento County shall collect payments from plaintiff's account and forward to the clerk until the $350.00 filing fee is paid in full. Clerk to serve this order and a copy of plaintiff's IFP on the Sheriff of Sacramento County. Clerk to also serve Financial with a copy of this order. (cc: Financia)(Plummer, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID ALLEN THOMPSON, 12 13 14 15 No. 2:13-cv-1539 LKK AC P Plaintiff, v. ORDER FOR PAYMENT OF INMATE FILING FEE JAN SCULLY, et al., Defendants. 16 17 To: The Sheriff of Sacramento County, Attention: Inmate Trust Account, 651 I Street, 18 Sacramento, California 95814: 19 Plaintiff, a county jail inmate proceeding in forma pauperis, is obligated to pay the 20 statutory filing fee of $350.00 for this action. Plaintiff is assessed an initial partial filing fee of 20 21 percent of the greater of (a) the average monthly deposits to plaintiff’s trust account; or (b) the 22 average monthly balance in plaintiff’s account for the 6-month period immediately preceding the 23 filing of this action. 28 U.S.C. § 1915(b)(1). Upon payment of that initial partial filing fee, 24 plaintiff will be obligated to make monthly payments in the amount of twenty percent of the 25 preceding month’s income credited to plaintiff’s trust account. The Sacramento County Sheriff is 26 required to send to the Clerk of the Court the initial partial filing fee and thereafter payments from 27 plaintiff’s inmate trust account each time the amount in the account exceeds $10.00, until the 28 statutory filing fee of $350.00 is paid in full. 28 U.S.C. § 1915(b)(2). 1 1 Good cause appearing therefore, IT IS HEREBY ORDERED that: 2 1. The Sheriff of Sacramento County or a designee shall collect from plaintiff’s prison 3 trust account an initial partial filing fee in accordance with the provisions of 28 U.S.C. § 4 1915(b)(1) as set forth in this order and shall forward the amount to the Clerk of the Court. The 5 payment shall be clearly identified by the name and number assigned to this action. 6 2. Thereafter, the Sheriff of Sacramento County or a designee shall collect from 7 plaintiff’s inmate trust account monthly payments from plaintiff’s inmate trust account in an 8 amount equal to twenty percent (20%) of the preceding month’s income credited to the inmate’s 9 trust account and forward payments to the Clerk of the Court each time the amount in the account 10 exceeds $10.00 in accordance with 28 U.S.C. § 1915(b)(2), until the $350.00 filing fee for this 11 action has been paid in full. The payments shall be clearly identified by the name and number 12 assigned to this action. 13 3. The Clerk of the Court is directed to serve a copy of this order and a copy of plaintiff’s 14 signed in forma pauperis affidavit on the Sheriff of Sacramento County, Attention: Inmate Trust 15 Account, 651 I Street, Sacramento, California 95814. 16 4. The Clerk of the Court is directed to serve a copy of this order on the Financial 17 Department of the court. 18 DATED: September 13, 2013 19 20 21 22 23 /mp 24 thom1539.cdcsacramento 25 26 27 28 2

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