Nichols v. Plumas County Correctional Facility

Filing 8

ORDER signed by Magistrate Judge Carolyn K. Delaney on 07/10/15 DIRECTING MONTHLY PAYMENTS be made from Prison Account of Gerald Edmund Nichols. The Sheriff of Plumas 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 Plumas County. Clerk to also serve Financial with a copy of this order. (cc: Financial). (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GERALD EDMUND NICHOLS,

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No. 2:15-cv-1299 MCE CKD P

Plaintiff,
v.

ORDER FOR PAYMENT OF INMATE
FILING FEE

PLUMAS COUNTY CORRECTIONAL
FACILITY,
Defendant.

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To: The Sheriff of Plumas County, Attention: Inmate Trust Account, 1400 E. Main St.,

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Quincy, California 95971:

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

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

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

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

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

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

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preceding month’s income credited to plaintiff’s trust account. The Plumas County Sheriff is

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required to send to the Clerk of the Court the initial partial filing fee and thereafter payments from

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plaintiff’s inmate trust account each time the amount in the account exceeds $10.00, until the

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statutory filing fee of $350.00 is paid in full. 28 U.S.C. § 1915(b)(2).
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Good cause appearing therefore, IT IS HEREBY ORDERED that:

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1. The Sheriff of Plumas County or a designee shall collect from plaintiff’s inmate trust

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

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

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

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

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

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

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

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

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

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this action.

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3. The Clerk of the Court is directed to serve a copy of this order and a copy of plaintiff’s

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signed in forma pauperis affidavit on the Sheriff of Plumas County, Attention: Inmate Trust

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Account, 1400 E. Main St., Quincy, California 95971.

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4. The Clerk of the Court is directed to serve a copy of this order on the Financial

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Department of the court.

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Dated: July 10, 2015

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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2/md; nich1299.cdc.plumas

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