Johnson v. State of California

Filing 9

ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Edmund F. Brennan on 1/27/16 ORDERING the Sheriff of Nevada County to collect and forward payment from the trust account of Neil A. Johnson and forward payment to the court until the balan ce 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 Sheriff of Nevada County; and the Clerk of the Court is further 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

NEIL A. JOHNSON,

12
13
14
15

No. 2:15-cv-1259-MCE-EFB P

Plaintiff,
v.

ORDER

STATE OF CALIFORNIA,
Defendant.

16
17

Plaintiff is a county prisoner proceeding without counsel and in forma pauperis in an

18

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

19

302 pursuant to 28 U.S.C. § 636(b)(1).

20

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

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

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

27

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

28

amount in the account exceeds $10, until the filing fee is paid. Id.
1

1

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

2

pauperis application upon the Sheriff of Nevada County at 950 Maidu Avenue, Suite 280,

3

Nevada City, California, 95959, and deliver a copy of this order to the Clerk’s financial division.

4

So ordered.

5

Dated: January 27, 2016.

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2