Mwasi v. Sacramento Prison et al

Filing 8

ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Craig M. Kellison on 2/24/16 ORDERING that Plaintiffs motion for an extension of time (Doc. 4 ) is GRANTED and plaintiffs motion for leave to proceed in forma pauperis is deemed timely; P laintiffs motion for leave to proceed in forma pauperis (Doc. 7 ) is GRANTED; ORDERING the Director of the CDC to collect and forward payment from the trust account of K. Mwasi and forward payment to the court until the balance is paid in full. C lerk 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. (cc CDC, Financial)(Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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K. MWASI,

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Plaintiff,

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No. 2:15-CV-2685-TLN-CMK-P

vs.

ORDER

SACRAMENTO PRISON, et al.,

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Defendants.

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

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42 U.S.C. § 1983. Pending before the court is plaintiff’s motion for an extension of time (Doc.

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4) to resolve the fee status of this case. Also before the court is plaintiff’s motion for leave to

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proceed in forma pauperis.

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Good cause appearing therefor, plaintiff’s motion for an extension of time is
granted. Plaintiff’s motion for in forma pauperis status is deemed timely.

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Plaintiff requests leave to proceed in forma pauperis and has submitted a

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

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forma pauperis will, therefore, be granted.

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///
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To:

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

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

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In addition to any initial partial filing fee required to be assessed, 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 inmate trust account. The agency referenced above is required to send to

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

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

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

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Accordingly, IT IS HEREBY ORDERED that:

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plaintiff’s motion for leave to proceed in forma pauperis is deemed timely;

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Plaintiff’s motion for an extension of time (Doc. 4) is granted and

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Plaintiff’s motion for leave to proceed in forma pauperis (Doc. 7) is

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

granted;

action pursuant to 28 U.S.C. §§ 1914(a) and 1915(b)(1);
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The director of the agency referenced above, or a designee, shall collect

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

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

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

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5.

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

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

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

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

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

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U.S.C. § 1915(b)(2), until the $350.00 filing fee for this action has been paid in full, such
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payments to be clearly identified by the name and number assigned to this action;
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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
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The Clerk of the Court is further directed to serve a copy of this order on

the Financial Department of the court.

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DATED: February 24, 2016
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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