Villareal v. Adams, et al.

Filing 5

ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Allison Claire on 4/16/14 ORDERING that the Sheriff of Shasta County or a designee shall collect from the prison trust account of David A. Villareal an initial partial filing fee and shal l forward the amount to the Clerk of the Court. The Clerk of the Court is directed to serve a copy of this order and a copy of plaintiffs signed in forma pauperis affidavit on the Sheriff of Shasta County. Clerk of the Court 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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DAVID A. VILLAREAL,

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No. 2:14-cv-0913 AC P

Plaintiff,
v.

ORDER FOR PAYMENT OF INMATE
FILING FEE

OFFICER DEAN ADAMS, et al.,
Defendants.

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To: The Sheriff of Shasta County, Attention: Inmate Trust Account, 1525 Court Street,

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Redding, California 96001:

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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 Shasta 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 Shasta County or a designee shall collect from plaintiff’s prison trust

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account an initial partial filing fee in accordance with the provisions of 28 U.S.C. § 1915(b)(1) as

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set forth in this order and shall forward the amount to the Clerk of the Court. The payment shall

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be clearly identified by the name and number assigned to this action.

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2. Thereafter, the Sheriff of Shasta County or a designee shall collect from plaintiff’s

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

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to twenty percent (20%) of the preceding month’s income credited to the inmate’s trust account

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and forward payments to the Clerk of the Court each time the amount in the 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 plaintiff’s

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

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Account, 1525 Court Street, Redding, California 96001.

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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: April 16, 2014

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