Harris v. Kennedy et al

Filing 8

ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of David D. Harris signed by Magistrate Judge Edmund F. Brennan on 05/23/16. CDC is to collect payments from plaintiff's account and forward to the clerk until the $350.00 filing fee is paid in full. Clerk to serve this order and a copy of plaintiff's IFP on the Director of CDC. Clerk to also serve Financial with a copy of this order. (cc: CDC Director and Financial)(Plummer, M)

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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 DAVID D. HARRIS, 12 13 14 15 No. 2:16-cv-0588-EFB P Plaintiff, v. ORDER N. KENNEDY, et al., Defendants. 16 17 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 18 U.S.C. § 1983. This proceeding was referred to this court by Local Rule 302 pursuant to 28 19 U.S.C. § 636(b)(1). 20 Pursuant to 28 U.S.C. § 1915(b)(1), plaintiff must pay the $350 filing fee required by 28 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 The agency having custody of plaintiff is required to forward to the Clerk of the Court the 27 initial partial filing fee, if funds exist, as well as payments from plaintiff’s account each time the 28 amount in the account exceeds $10, until the filing fee is paid. Id. 1 1 The Clerk of the Court shall serve a copy of this order and a copy of plaintiff’s in forma 2 pauperis application upon the Director of the California Department of Corrections and 3 Rehabilitation and deliver a copy of this order to the Clerk’s financial division. 4 5 So ordered. Dated: May 23, 2016. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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