Brand v. Schubert, et al.

Filing 8

ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Edmund F. Brennan on 2/6/17 ORDERING the Director of the CDC to collect and forward payment from the trust account of Charles R. Brand and forward payment to the court until the balance is paid 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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CHARLES R. BRAND,

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No. 2:16-cv-1811-MCE-EFB P

Plaintiff,
v.

ORDER

ANNE MARIE SCHUBERT, et al.,
Defendants.

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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: February 6, 2017.

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