Gilchrist v. Yolo County District Attorney Office et al

Filing 9

ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Dale A. Drozd on 3/27/15 ORDERING that that the Sheriff of Yolo County or a designee shall collect from the prison trust account of Joshua J. Gilchrist an initial partial filing fee and sh all 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 Yolo 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)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

JOSHUA J. GILCHRIST,

12

Plaintiff,

13
14
15

No. 2:14-cv-2040 DAD P

v.

ORDER FOR PAYMENT OF INMATE
FILING FEE

YOLO COUNTY DISTRICT
ATTORNEY’S OFFICE et al.,
Defendants.

16
17
18

To: The Sheriff of Yolo County, Attention: Inmate Trust Account, 140 A Tony Diaz Drive,

19

Woodland, California 95776:

20

Plaintiff, a county jail inmate proceeding in forma pauperis, is obligated to pay the

21

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

22

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

23

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

24

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

25

plaintiff will be obligated to make monthly payments in the amount of twenty percent of the

26

preceding month’s income credited to plaintiff’s trust account. The Yolo County Sheriff is

27

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

28

/////
1

1

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

2

statutory filing fee of $350.00 is paid in full. 28 U.S.C. § 1915(b)(2).

3

Good cause appearing therefore, IT IS HEREBY ORDERED that:

4

1. The Sheriff of Yolo County or a designee shall collect from plaintiff’s prison trust

5

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

6

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

7

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

8

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

9

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

10

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

11

and forward payments to the Clerk of the Court each time the amount in the account exceeds

12

$10.00 in accordance with 28 U.S.C. § 1915(b)(2), until the $350.00 filing fee for this action has

13

been paid in full. The payments shall be clearly identified by the name and number assigned to

14

this action.

15

3. The Clerk of the Court is directed to serve a copy of this order and a copy of plaintiff’s

16

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

17

Account, 140 A Tony Diaz Drive, Woodland, California 95776.

18

4. The Clerk of the Court is directed to serve a copy of this order on the Financial

19

Department of the court.

20

Dated: March 27, 2015

21
22
23

DAD:9
gilc2040.cdc

24
25
26
27
28
2