Harris v. Macomber et al

Filing 5

ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Kendall J. Newman on 4/28/16 ORDERING the Director of the CDC to collect and forward payment from the trust account of Grady Harris and forward payment to the court until the balance is p aid 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 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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GRADY HARRIS,

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No. 2:16-cv-0830 KJN P

Plaintiff,
v.

ORDER FOR PAYMENT OF INMATE
FILING FEE

JEFF MACOMBER, et al.,
Defendants.

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To: Director of the California Department of Corrections and Rehabilitation, 1515 S Street,

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Sacramento, California 95814:

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Plaintiff, a state prisoner proceeding in forma pauperis, is obligated to pay the statutory

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filing fee of $350.00 for this action. Plaintiff is assessed an initial partial filing fee of 20 percent

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of the greater of: (a) the average monthly deposits to plaintiff’s trust account; or (b) the average

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monthly balance in plaintiff’s account for the 6-month period immediately preceding the filing of

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this action. 28 U.S.C. § 1915(b)(1). Upon payment of that initial partial filing fee, plaintiff will

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be obligated to make monthly payments in the amount of twenty percent of the preceding month’s

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income credited to plaintiff’s trust account. The California Department of Corrections and

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Rehabilitation is required to send to the Clerk of the Court the initial partial filing fee and

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thereafter payments from plaintiff’s prison trust account each time the amount in the account

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exceeds $10.00, until the statutory filing 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 California Department of Corrections and Rehabilitation or a

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designee shall collect from plaintiff’s prison trust account an initial partial filing fee in

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accordance with the provisions of 28 U.S.C. § 1915(b)(1) as set forth in this order and shall

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forward the amount to the Clerk of the Court. The payment shall be clearly identified by the

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name and number assigned to this action.

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2. Thereafter, the Director of the California Department of Corrections and Rehabilitation

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or a designee shall collect from plaintiff’s prison trust account monthly payments from plaintiff’s

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prison trust account in an amount equal to twenty percent (20%) of the preceding month’s income

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credited to the prisoner’s trust account and forward payments to the Clerk of the Court each time

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the amount in the account exceeds $10.00 in accordance with 28 U.S.C. § 1915(b)(2), until the

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$350.00 filing fee for this action has been paid in full. The payments shall be clearly identified

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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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signed in forma pauperis affidavit on the Director, California Department of Corrections and

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Rehabilitation, 1515 S Street, Sacramento, California 95814.

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

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Department of the court.

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Dated: April 28, 2016

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harr0830.cdc

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