Garcia v. Folks et al

Filing 15

ORDERDIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Edmund F. Brennan on 11/13/15 ORDERING the Director of the CDC to collect and forward payment from the trust account of Raul Garcia 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 Director of the CDC; and the Clerk of the Court is further directed to serve a copy of this order on the Financial Department of the court. (cc CDC, Financial)(Dillon, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

RAUL GARCIA,

12

No. 2:14-cv-2378-EFB P
Plaintiff,

13

v.

14

F. FOLKS, et al.,

15

ORDER

Defendants.

16
Plaintiff is a state prisoner proceeding without counsel and in forma pauperis in an action

17
18

brought under 42 U.S.C. § 1983. This proceeding was referred to this court by Local Rule 302

19

pursuant to 28 U.S.C. § 636(b)(1).
Pursuant to 28 U.S.C. § 1915(b)(1), plaintiff must pay the $350 filing fee required by 28

20
21

U.S.C. § 1914(a). Plaintiff is assessed an initial partial filing fee of 20 percent of the greater of

22

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

23

plaintiff’s account for the six-month period immediately preceding the filing of the complaint. 28

24

U.S.C. § 1915(b)(1). Thereafter, plaintiff must make monthly payments of 20 percent of the

25

preceding month’s income credited to his trust account. 28 U.S.C. § 1915(b)(2).

26

/////

27

/////

28

/////
1

1

The agency having custody of plaintiff is required to forward to the Clerk of the Court the

2

initial partial filing fee, if funds exist, as well as payments from plaintiff’s account each time the

3

amount in the account exceeds $10, until the filing fee is paid. Id.

4

The Clerk of the Court shall serve a copy of this order and a copy of plaintiff’s in forma

5

pauperis application upon the Director of the California Department of Corrections and

6

Rehabilitation and deliver a copy of this order to the Clerk’s financial division.

7
8

So ordered.
Dated: November 13, 2015.

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2