Rogers v. Butte County Jail

Filing 18

ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/6/2017 DIRECTING MONTHLY PAYMENTS be made from Prison Account of Johnny Wayne Rogers. (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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JOHNNY WAYNE ROGERS,

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No. 2:16-cv-1914 CKD P

Plaintiff,
v.

ORDER FOR PAYMENT

BUTTE COUNTY JAIL,

OF INMATE FILING FEE

Defendant.

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To: The Sheriff of Butte County, Attention: Jail/Sheriff Clerks, 33 County Center Drive,

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Oroville, California 95965:

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Plaintiff, a county jail inmate proceeding in forma pauperis, is obligated to pay the

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

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

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

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

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plaintiff will be obligated to make monthly payments in the amount of twenty percent of the

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preceding month’s income credited to plaintiff’s trust account. The Butte County Sheriff is

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required to send to the Clerk of the Court the initial partial filing fee and thereafter payments from

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plaintiff’s inmate trust account each time the amount in the account exceeds $10.00, until the

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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 Sheriff of Butte County or a designee shall collect from plaintiff’s inmate trust

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account an initial partial filing fee in accordance with the provisions of 28 U.S.C. § 1915(b)(1) as

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set forth in this order and shall forward the amount to the Clerk of the Court. The payment shall

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be clearly identified by the name and number assigned to this action.

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2. Thereafter, the Sheriff of Butte County or a designee shall collect from plaintiff’s

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inmate trust account monthly payments in an amount equal to twenty percent (20%) of the

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preceding month’s income credited to the inmate’s trust account and forward payments to the

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Clerk of the Court each time the amount in the account exceeds $10.00 in accordance with 28

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U.S.C. § 1915(b)(2), until the $350.00 filing fee for this action has been paid in full. The

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payments shall be clearly identified 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 Sheriff of Butte County, Attention: Jail/Sheriff Clerks, 33

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County Center Drive, Oroville, California 95965.

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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: June 6, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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roge1914.cdc

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