Gerlach v. Sacramento Police K-9 Division

Filing 9

ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Christian Gerlach signed by Magistrate Judge Edmund F. Brennan on 1/24/2017. The Sheriff shall collect an initial partial filing fee and thereafter the balance in monthly payments and f orward 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 Sheriff of Sacramento County. The Clerk shall also serve Financial with a copy of this order. (cc: Financial)(Yin, K)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CHRISTIAN GERLACH, 12 Plaintiff, 13 14 No. 2:15-cv-1373-EFB P v. ORDER SACRAMENTO POLICE K-9 DIVISION, 15 Defendant. 16 Plaintiff is a county inmate 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 (1) serve a copy of this order and a copy of plaintiff’s in 5 forma pauperis application upon the Sheriff of Sacramento County, Attention: Inmate Trust 6 Account, 651 I Street, Sacramento, California 95814, and (2) deliver a copy of this order to the 7 Clerk’s financial division. 8 So ordered. 9 Dated: January 24, 2017. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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