Fecteau v. State of California et al

Filing 12

AMENDED ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Richard Fecteau signed by Magistrate Judge Edmund F. Brennan on 11/20/2017. CDCR shall collect an initial partial filing fee and thereafter the balance in monthly payments and forward to the Clerk until the $350.00 filing fee is paid in full. The Clerk is directed to serve this order and copy of plaintiff's IFP on the Director of CDCR. The Clerk shall also serve Financial with a copy of this order. (cc: CDCR, Financial)(Yin, K)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

FOR THE EASTERN DISTRICT OF CALIFORNIA

9
10

RICHARD FECTEAU,

11
12
13
14

No. 2:16-cv-809-EFB P

Plaintiff,
v.

AMENDED ORDER

STATE OF CALIFORNIA, et al.,
Defendants.

15
16

Plaintiff proceeds without counsel and in forma pauperis an action brought pursuant to 42

17

U.S.C. § 1983. This proceeding was referred to this court by Local Rule 302 pursuant to 28

18

U.S.C. § 636(b)(1).

19

Pursuant to 28 U.S.C. § 1915(b)(1), plaintiff must pay the $350 filing fee required by 28

20

U.S.C. § 1914(a). Plaintiff is assessed an initial partial filing fee of 20 percent of the greater of

21

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

22

plaintiff’s account for the six-month period immediately preceding the filing of the complaint. 28

23

U.S.C. § 1915(b)(1). Thereafter, plaintiff must make monthly payments of 20 percent of the

24

preceding month’s income credited to his trust account. 28 U.S.C. § 1915(b)(2).

25

The agency having custody of plaintiff is required to forward to the Clerk of the Court the

26

initial partial filing fee, if funds exist, as well as payments from plaintiff’s account each time the

27

amount in the account exceeds $10, until the filing fee is paid. Id.

28
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.1

4
5

So ordered.
Dated: November 20, 2017.

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

1

This order was originally served on the Sacramento County Sheriff’s Department
because plaintiff was in their custody when he commenced this action. ECF No. 9. However, on
October 13, 2017, the Sacramento County Sheriff’s Department notified the court that plaintiff
was no longer in their custody. ECF No. 10. Because CDCR is now the agency having custody
of plaintiff, the order served on the Sacramento County Sheriff’s Department (ECF No. 9) is
vacated.
2