Kessler v. Boresz

Filing 7

ORDER signed by Magistrate Judge Edmund F. Brennan on 10/3/2017 DIRECTING MONTHLY PAYMENTS be made from Prison Account of Wesley William Kessler. The Sheriff of Sacramento County shall collect an initial partial filing fee and monthly payments in accordance with this order until the filing fee of $350 is paid in full. (cc: Financial Department) (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WESLEY WILLIAM KESSLER,

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No. 2:16-cv-1552-EFB P

Plaintiff,
v.

ORDER

J. BORESZ,
Defendant.

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

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

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U.S.C. § 636(b)(1).

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

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

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

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

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

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

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

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

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amount in the account exceeds $10, until the filing fee is paid. Id.
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The Clerk of the Court shall (1) serve a copy of this order and a copy of plaintiff’s in

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forma pauperis application upon the Sheriff of Sacramento County, Attention: Inmate Trust

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Account, 651 I Street, Sacramento, California 95814, and (2) deliver a copy of this order to the

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Clerk’s financial division.

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So ordered.

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Dated: October 3, 2017.

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