Hearne v. Ma et al
Filing
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ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Johnny Hearne signed by Magistrate Judge Edmund F. Brennan on 11/14/17. CDC is to collect payments from plaintiff's account and forward to the clerk until the $350.00 fling 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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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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JOHNNY HEARNE,
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No. 2:16-cv-1775-EFB P
Plaintiff,
v.
ORDER
J. MA, et al.,
Defendants.
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Plaintiff is a state prisoner proceeding without counsel and in forma pauperis in an action
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brought under 42 U.S.C. § 1983. This proceeding was referred to this court by Local Rule 302
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pursuant to 28 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 serve a copy of this order and a copy of plaintiff’s in forma
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pauperis application upon the Director of the California Department of Corrections and
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Rehabilitation and deliver a copy of this order to the Clerk’s financial division.
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So ordered.
Dated: November 14, 2017.
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