Greschner v. California Department of Corrections & Rehabilitation, et al.

Filing 14

ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of John Greschner signed by Magistrate Judge Allison Claire on 03/15/19. The Director of the Colorado Department of Corrections shall collect payments from plaintiff's account and for ward to the clerk until the $350.00 filing fee has been paid in full. Clerk to serve this order and a copy of plaintiff's IFP on the Director of Colorado Department of Corrections. 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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JOHN GRESCHNER,

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No. 2:15-cv-1663 AC P

Plaintiff,
v.

ORDER FOR PAYMENT OF INMATE
FILING FEE

CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION, et al.,
Defendants.

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To: Director of the COLORADO DEPARTMENT OF CORRECTIONS, 1250 Academy

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Park Loop, Colorado Springs CO 80910:

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John Greschner (CDC Reg. No. 167356), plaintiff herein, was most recently incarcerated

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under your authority at the Arkansas Valley Correctional Facility. Assuming plaintiff’s continued

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incarceration within the Colorado Department of Corrections, and because plaintiff is proceeding

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in this case in forma pauperis, he is obligated to pay the statutory filing fee of $350.00.

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Plaintiff is assessed an initial partial filing fee of 20 percent of the greater of (a) the

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average monthly deposits to plaintiff’s trust account; or (b) the average monthly balance in

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plaintiff’s account for the 6-month period immediately preceding the filing of this action. 28

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U.S.C. § 1915(b)(1). Upon payment of that initial partial filing fee, plaintiff will be obligated to

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make monthly payments in the amount of twenty percent of the preceding month’s income
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credited to plaintiff’s trust account. The Colorado Department of Corrections is required to send

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

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

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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 Director of the Colorado Department of Corrections or a designee shall collect

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

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of 28 U.S.C. § 1915(b)(1) as set forth in this order and shall forward the amount to the Clerk of

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this Court. The payment shall be clearly identified by the name and number assigned to this

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action.

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2. Thereafter, the Director of the Colorado Department of Corrections or a designee shall

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collect from plaintiff’s prison trust account monthly payments in an amount equal to twenty

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

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forward payments to the Clerk of this Court each time the amount in the account exceeds $10.00

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

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

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action.

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3. The Clerk of this 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 (ECF No. 12-5 at 5-11) on the Director, Colorado Department

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of Corrections, 1250 Academy Park Loop, Colorado Springs CO 80910.

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4. The Clerk of this Court is directed to serve a copy of this order on the Financial
Department of this Court.
IT IS SO ORDERED.
DATED: March 15, 2019

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