Tenerelli v. Shasta County Jail et al

Filing 17

ORDER DIRECTING MONTHLY PAYMENTS be made from prison account of plaintiff Patrick Tenerelli signed by Magistrate Judge Edmund F. Brennan on 5/6/2015. Clerk shall serve a copy of Order on both Financial Department and Director of CA Dept. of Correction & Rehabilitation together with copy of In Forma Pauperis Application. [cc: Director of CDCR] (Marciel, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PATRICK TENERELLI,

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Plaintiff,

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No. 2:14-cv-0553-WBS-EFB P

v.

ORDER

SHASTA COUNTY JAIL, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding without counsel and in forma pauperis in an action

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brought under 42 U.S.C. § 1983. This proceeding was referred to this court by Local Rule 302

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pursuant to 28 U.S.C. § 636(b)(1).
Pursuant to 28 U.S.C. § 1915(b)(1), plaintiff must pay the $350 filing fee required by 28

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U.S.C. § 1914(a). Plaintiff is assessed an initial partial filing fee of 20 percent of the greater of

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(a) the average monthly deposits to plaintiff’s trust account; or (b) the average monthly balance in

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plaintiff’s account for the six-month period immediately preceding the filing of the complaint. 28

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U.S.C. § 1915(b)(1). Thereafter, plaintiff must make monthly payments of 20 percent of the

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preceding month’s income credited to his trust account. 28 U.S.C. § 1915(b)(2).

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The agency having custody of plaintiff is required to forward to the Clerk of the Court the

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initial partial filing fee, if funds exist, as well as payments from plaintiff’s account each time the

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amount in the account exceeds $10, until the filing fee is paid. Id.

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The Clerk of the Court shall serve a copy of this order and a copy of plaintiff’s in forma

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pauperis application upon the Director of the California Department of Corrections and

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Rehabilitation and deliver a copy of this order to the Clerk’s financial division.

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So ordered.
Dated: May 6, 2015.

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