Dearwester v. Sacramento County Sheriff's Department et al

Filing 10

ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Allison Claire on 3/10/14 ORDERING the Sheriff of Sacramento County to collect and forward payment from the prison trust account of Frank Lee Dearwester 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 Sacramento 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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FRANK LEE DEARWESTER,

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No. 2:13-cv-2062 AC P

Plaintiff,
v.

ORDER FOR PAYMENT OF INMATE
FILING FEE

SACRAMENTO COUNTY SHERIFF’S
DEPARTMENT, et al.,
Defendants.

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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 20

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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 Sacramento County Sheriff is

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required to send to the Clerk of the Court the initial partial filing fee and thereafter payments from

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plaintiff’s inmate trust account each time the amount in the account exceeds $10.00, until the

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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 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 Sheriff of Sacramento County or a designee shall collect from

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plaintiff’s inmate trust account monthly payments from plaintiff’s inmate trust account in an

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

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signed in forma pauperis affidavit on the Sheriff of Sacramento County, Attention: Inmate Trust

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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: March 10, 2014

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