Woods v. Krause et al

Filing 12

ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Craig M. Kellison on 1/6/16 ORDERING the Director of the CDC to collect and forward payment from the trust account of Tajhikeem Woods and forward payment to the court until the balance is pa id 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. Plaintiffs motion for leave to proceed in forma pauperis (Doc. 10 ) is GRANTED; Plaintiff's motion for an extension of time (Doc. 11 ) is DENIED as unnecessary. (cc CDC, Financial)(Dillon, M)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

TAJHIKEEM WOODS,

12

Plaintiff,

13

vs.

14

No. 2:15-cv-1474-JAM-CMK-P

KRAUSE, et al.,

15

ORDER

Defendants.
/

16
17

Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42

18

U.S.C. § 1983. Plaintiff requests leave to proceed in forma pauperis and has submitted a

19

declaration that makes the showing required by 28 U.S.C. § 1915(a). The request to proceed in

20

forma pauperis will, therefore, be granted. Plaintiff has also requested additional time to submit

21

the application. However, as the application was received by the court within the proper time

22

frame, there is no need for granting petitioner’s request, which will be denied as unnecessary.

23
24

///

25

///

26

///
1

1

To:

The California Department of Corrections and Rehabilitation
1515 S Street, Sacramento, California 95814:

2
3

Plaintiff is obligated to pay the full statutory filing fee of $350.00 for this action.

4

In addition to any initial partial filing fee required to be assessed, plaintiff will be obligated to

5

make monthly payments in the amount of twenty percent of the preceding month’s income

6

credited to plaintiff’s inmate trust account. The agency referenced above is required to send to

7

the Clerk of the Court the initial partial filing fee and thereafter payments from plaintiff’s inmate

8

trust account each time the amount in the account exceeds $10.00, until the statutory filing fee of

9

$350.00 is paid in full. See 28 U.S.C. § 1915(b)(2).

10

Accordingly, IT IS HEREBY ORDERED that:

11

1.

Plaintiff’s motion for leave to proceed in forma pauperis (Doc. 10) is

2.

Plaintiff’s motion for an extension of time (Doc. 11) is denied as

3.

Plaintiff is required to pay the full statutory filing fee of $350.00 for this

12

granted;

13
14
15
16
17

unnecessary;

action pursuant to 28 U.S.C. §§ 1914(a) and 1915(b)(1);
4.

The director of the agency referenced above, or a designee, shall collect

18

from plaintiff’s inmate trust account an initial partial filing fee in accordance with the provisions

19

of 28 U.S.C. § 1915(b)(1) and shall forward the amount to the Clerk of the Court, such payment

20

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

21

5.

Thereafter, the director of the agency referenced above, or a designee, shall

22

collect from plaintiff's inmate trust account the balance of the filing fee by collecting monthly

23

payments from plaintiff's inmate trust account in an amount equal to twenty percent (20%) of the

24

preceding month's income credited to plaintiff’s inmate trust account and forwarding payments to

25

the Clerk of the Court each time the amount in the account exceeds $10.00 in accordance with 28

26

U.S.C. § 1915(b)(2), until the $350.00 filing fee for this action has been paid in full, such
2

1
2
3
4
5

payments to be clearly identified by the name and number assigned to this action;
6.

The 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 address shown above; and
7.

The Clerk of the Court is further directed to serve a copy of this order on

the Financial Department of the court.

6
7
8
9

DATED: January 6, 2016
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
3