Carr v. Federal Bureau of Prisons et al

Filing 9

ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Leroy Carr signed by Magistrate Judge Carolyn K. Delaney on 12/19/2014. FCI Warden shall collect an initial partial filing fee and thereafter the balance in monthly payments and forward to the Clerk until the $350.00 filing fee is paid in full. The Clerk is directed to serve this order and copy of plaintiff's IFP on the FCI Warden. The Clerk shall also serve Financial with a copy of this order. (cc: Financial)(Yin, K)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LEROY CARR, 12 13 14 15 No. 2:14-cv-2110 CKD P Plaintiff, v. ORDER FOR PAYMENT OF INMATE FILING FEE FEDERAL BUREAU OF PRISONS, et al., Defendants. 16 17 To: Warden, MCFP Springfield, Federal Medical Center, Attention: Inmate Trust Account, P.O. 18 Box 4000, Springfield, MO, 65801: 19 Plaintiff, a federal inmate proceeding in forma pauperis, is obligated to pay the statutory 20 filing fee of $350.00 for this action. Plaintiff is assessed an initial partial filing fee of 20 percent 21 of the greater of (a) the average monthly deposits to plaintiff’s trust account; or (b) the average 22 monthly balance in plaintiff’s account for the 6-month period immediately preceding the filing of 23 this action. 28 U.S.C. § 1915(b)(1). Upon payment of that initial partial filing fee, plaintiff will 24 be obligated to make monthly payments in the amount of twenty percent of the preceding month’s 25 income credited to plaintiff’s trust account. The Federal Correctional Institution Warden is 26 required to send to the Clerk of the Court the initial partial filing fee and thereafter payments from 27 plaintiff’s inmate trust account each time the amount in the account exceeds $10.00, until the 28 statutory filing fee of $350.00 is paid in full. 28 U.S.C. § 1915(b)(2). 1 1 Good cause appearing therefore, IT IS HEREBY ORDERED that: 2 1. The Federal Correctional Institution Warden or a designee shall collect from plaintiff’s 3 inmate trust account an initial partial filing fee in accordance with the provisions of 28 U.S.C. 4 § 1915(b)(1) as set forth in this order and shall forward the amount to the Clerk of the Court. The 5 payment shall be clearly identified by the name and number assigned to this action. 6 2. Thereafter, the Federal Correctional Institution Warden or a designee shall collect from 7 plaintiff’s inmate trust account monthly payments from plaintiff’s inmate trust account in an 8 amount equal to twenty percent (20%) of the preceding month’s income credited to the inmate’s 9 trust account and forward payments to the Clerk of the Court each time the amount in the account 10 exceeds $10.00 in accordance with 28 U.S.C. § 1915(b)(2), until the $350.00 filing fee for this 11 action has been paid in full. The payments shall be clearly identified by the name and number 12 assigned to this action. 13 3. The Clerk of the Court is directed to serve a copy of this order and a copy of plaintiff’s 14 signed in forma pauperis affidavit on the Warden, MCFP Springfield, Federal Medical Center, 15 Attention: Inmate Trust Account, P.O. Box 4000, Springfield, MO, 65801. 16 4. The Clerk of the Court is directed to serve a copy of this order on the Financial 17 Department of the court. 18 Dated: December 19, 2014 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 2 / carr2110.cdc 24 25 26 27 28 2

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