Ehringer v. State of California

Filing 11

ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Orion S. Ehringer signed by Magistrate Judge Allison Claire on 06/18/15. The Sheriff of Nevada County shall collect payments from plaintiff's account and forward to the clerk until the $350.00 filing fee is paid in full. Clerk to serve this order and a copy of plaintiff's IFP on the Sheriff of Nevada County. Clerk to also serve Financial with a copy of this order. (cc: Financial)(Plummer, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

ORION S. EHRINGER,

12
13
14
15

No. 2:15-cv-0985 KJM AC P

Plaintiff,
v.

ORDER FOR PAYMENT OF INMATE
FILING FEE

STATE OF CALIFORNIA,
Defendant.

16
17

To: The Sheriff of Nevada County, Attention: Inmate Trust Account, P.O. Box 928,

18

Nevada City, California 95959.

19

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

20

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

21

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

22

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

23

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

24

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

25

preceding month’s income credited to plaintiff’s trust account. The Nevada County Sheriff 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 Sheriff of Nevada County or a designee shall collect from plaintiff’s inmate trust

3

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

4

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

5

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

6

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

7

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

8

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

9

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

10

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

11

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

12

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 Sheriff of Nevada County, Attention: Inmate Trust

15

Account, P.O. Box 928, Nevada City, California 95959.

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: June 18, 2015

19
20
21
22
23
24
25
26
27
28
2