Chen v. Corrections Corporation of America

Filing 10

ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Michael Chen signed by Magistrate Judge Allison Claire on 9/9/2016. CDCR 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 Director of CDCR. The Clerk shall also serve Financial with a copy of this order. (cc: CDCR, Financial)(Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL CHEN,

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Plaintiff,

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No. 2:14-cv-2244 AC P

v.

ORDER FOR PAYMENT OF INMATE
FILING FEE

CORRECTIONS CORPORATION OF
AMERICA,
Defendant.

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To: Director of the California Department of Corrections and Rehabilitation, 1515 S Street,

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Sacramento, California 95814:
Plaintiff, a state prisoner 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 California Department of Corrections and

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

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/////
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the
ereafter paym
ments from plaintiff’s pr
p
rison trust ac
ccount each time the am
mount in the a
account

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ex
xceeds $10.0 until the statutory filing fee of $350.00 is paid in full. 28 U.S.C. § 19
00,
s
d
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915(b)(2).

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Good cause appear
c
ring therefor IT IS HE
re,
EREBY ORD
DERED that:
:

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1. The Director of the Californ Departm of Corre
e
f
nia
ment
ections and R
Rehabilitatio or a
on

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de
esignee shall collect from plaintiff’s prison trust account an i
l
m
initial partial filing fee in
n

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ac
ccordance wi the provisions of 28 U.S.C. § 191
ith
U
15(b)(1) as s forth in th order and shall
set
his
d

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forward the am
mount to the Clerk of the Court. The payment sh be clear identified by the
e
e
hall
rly
d

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na and num
ame
mber assigned to this acti
ion.

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2. The
ereafter, the Director of the Californi Departme of Correc
t
ia
ent
ctions and R
Rehabilitation
n

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or a designee shall collect from plainti
r
s
iff’s prison t
trust account monthly pa
t
ayments from plaintiff’s
m

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pr
rison trust ac
ccount in an amount equa to twenty percent (20% of the preceding mon
al
%)
nth’s income
e

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cre
edited to the prisoner’s trust account and forwar payments to the Clerk of the Cour each time
e
t
t
rd
k
rt

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the amount in the account exceeds $10 in accor
e
0.00
rdance with 28 U.S.C. § 1915(b)(2), until the
,

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$3
350.00 filing fee for this action has been paid in full. The pa
g
b
ayments shal be clearly identified
ll

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by the name an number assigned to this action.
y
nd
a

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3. The Clerk of th Court is di
e
he
irected to ser a copy o this order and a copy o plaintiff’s
rve
of
of
s

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sig
gned in form pauperis affidavit on the Director , California Department of Correctio and
ma
a
t
ons

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Re
ehabilitation 1515 S Str
n,
reet, Sacrame
ento, Califor
rnia 95814.

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4. The Clerk of th Court is di
e
he
irected to ser a copy o this order on the Finan
rve
of
ncial

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De
epartment of the court.
f

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DA
ATED: Sep
ptember 9, 20
016.

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