Kelley v. Herrera et al
ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Tshombe M. Kelley signed by Magistrate Judge Carolyn K. Delaney on 09/20/16. CDC is to collect payments from plaintiff's account and forward to the clerk until the $350.00 filing 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)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
TSHOMBE M. KELLEY,
No. 2:16-cv-1894 CKD P
ORDER FOR PAYMENT OF INMATE
A. HERRERA, et al.,
To: Director of the California Department of Corrections and Rehabilitation, 1515 S Street,
Sacramento, California 95814:
Plaintiff, a state prisoner proceeding in forma pauperis, is obligated to pay the statutory
filing fee of $350.00 for this action. Plaintiff is assessed an initial partial filing fee of 20 percent
of the greater of (a) the average monthly deposits to plaintiff’s trust account; or (b) the average
monthly balance in plaintiff’s account for the 6-month period immediately preceding the filing of
this action. 28 U.S.C. § 1915(b)(1). Upon payment of that initial partial filing fee, plaintiff will
be obligated to make monthly payments in the amount of twenty percent of the preceding month’s
income credited to plaintiff’s trust account. The California Department of Corrections and
Rehabilitation is required to send to the Clerk of the Court the initial partial filing fee and
thereafter payments from plaintiff’s prison trust account each time the amount in the account
exceeds $10.00, until the statutory filing fee of $350.00 is paid in full. 28 U.S.C. § 1915(b)(2).
Good cause appearing therefore, IT IS HEREBY ORDERED that:
1. The Director of the California Department of Corrections and Rehabilitation or a
designee shall collect from plaintiff’s prison trust account an initial partial filing fee in
accordance with the provisions of 28 U.S.C. § 1915(b)(1) as set forth in this order and shall
forward the amount to the Clerk of the Court. The payment shall be clearly identified by the
name and number assigned to this action.
2. Thereafter, the Director of the California Department of Corrections and Rehabilitation
or a designee shall collect from plaintiff’s prison trust account monthly payments from plaintiff’s
prison trust account in an amount equal to twenty percent (20%) of the preceding month’s income
credited to the prisoner’s trust account and forward payments to the Clerk of the Court each time
the amount in the account exceeds $10.00 in accordance with 28 U.S.C. § 1915(b)(2), until the
$350.00 filing fee for this action has been paid in full. The payments shall be clearly identified
by the name and number assigned to this action.
3. The Clerk of the Court is directed to serve a copy of this order and a copy of plaintiff’s
signed in forma pauperis affidavit on the Director, California Department of Corrections and
Rehabilitation, 1515 S Street, Sacramento, California 95814.
4. The Clerk of the Court is directed to serve a copy of this order on the Financial
Department of the court.
Dated: September 20, 2016
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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