Mizerak v. Eslick et al

Filing 8

ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Carolyn K. Delaney on 3/7/16 ORDERING the Sheriff of El Dorado County to collect and forward payment from the trust account of John Samuel Mizerak, Jr. and forward payment to the court unt il the balance is paid 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 Sheriff of El Dorado County; and the Clerk of the Court is further directed to serve a copy of this order on the Financial Department of the court. (cc Financial)(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHN SAMUEL MIZERAK, JR.,

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No. 2:16-cv-0323 CKD P

Plaintiff,
v.

ORDER FOR PAYMENT

LIEUTENANT ESLICK, et al.,

OF INMATE FILING FEE

Defendants.

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To: The Sheriff of El Dorado County, Attention: Inmate Trust Account, 300 Fair Lane,

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Placerville, California 95667:

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Plaintiff, an El Dorado County Jail inmate proceeding in forma pauperis, is obligated to

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pay the statutory filing fee of $350.00 for this action pursuant to the terms of 28 U.S.C. § 1915(b).

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Accordingly, IT IS HEREBY ORDERED that:

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1. 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). The Sheriff of El Dorado County or a designee shall collect this amount

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from plaintiff’s account and forward it to the Clerk of the Court.

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2. Thereafter, as long as the amount in plaintiff’s account exceeds $10, the Sheriff of El
Dorado County or a designee shall collect monthly payments in an amount equal to twenty
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percent of the preceding month’s income credited to the account and forward the payments to the

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Clerk of the Court until the $350.00 filing fee has been paid. 28 U.S.C. § 1915(b)(2). The

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payments shall be clearly identified by the name and number assigned to 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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application to proceed in forma pauperis on the Sheriff of El Dorado County at the address

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identified above.

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

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Department of the court.

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Dated: March 7, 2016

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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1/mp
mize0323.cdc.eldorado

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