Barian v. United States of America

Filing 7

ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Carolyn K. Delaney on 7/1/14 ORDERING the Warden of FCI, Berlin to collect and forward payment from the trust account of Zachary Barian and forward payment to the court until the balance is paid in full. Clerk of the Court is directed to serve a copy of this order and a copy of plaintiff's signed in forma pauperis affidavit to the Warden of FCI, Berlin; and the Clerk of the Court is further 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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ZACHARY BARIAN,

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No. 2:14-cv-1102 CKD P

Plaintiff,
v.

ORDER FOR PAYMENT OF INMATE
FILING FEE

UNITED STATES OF AMERICA,
Defendant.

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To: Warden, Federal Correctional Institution, Berlin, Attention: Inmate Trust Account, P.O. Box

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69, Berlin, New Hampshire, 03570:

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Plaintiff, a federal inmate proceeding in forma pauperis, is obligated to pay the statutory

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filing fee of $350.00 for this action. Plaintiff is assessed an initial partial filing fee of 20 percent

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

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monthly balance in plaintiff’s account for the 6-month period immediately preceding the filing of

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this action. 28 U.S.C. § 1915(b)(1). Upon payment of that initial partial filing fee, plaintiff will

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be obligated to make monthly payments in the amount of twenty percent of the preceding month’s

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income credited to plaintiff’s trust account. The Warden of Federal Correctional Institution,

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Berlin is required to send to the Clerk of the Court the initial partial filing fee and thereafter

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payments from plaintiff’s inmate trust account each time the amount in the account exceeds

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$10.00, until 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 Warden of Federal Correctional Institution, Berlin or a designee shall collect from

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plaintiff’s prison trust account an initial partial filing fee in accordance with the provisions of 28

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U.S.C. § 1915(b)(1) as set forth in this order and shall forward the amount to the Clerk of the

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Court. The payment shall be clearly identified by the name and number assigned to this action.

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2. Thereafter, the Warden of Federal Correctional Institution, Berlin or a designee shall

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collect from plaintiff’s inmate trust account monthly payments from plaintiff’s inmate trust

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account in an amount equal to twenty percent (20%) of the preceding month’s income credited to

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the inmate’s trust account and forward payments to the Clerk of the Court each time the amount

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in the account exceeds $10.00 in accordance with 28 U.S.C. § 1915(b)(2), until the $350.00 filing

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fee for this action has been paid in full. The payments shall be clearly identified by the name and

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number 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 Warden of Federal Correctional Institution, Berlin,

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Attention: Inmate Trust Account, P.O. Box 69, Berlin, New Hampshire, 03570.

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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: July 1, 2014

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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2/mp
Bari1102.cdc.fciberlin

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