Fordley v. Lizarraga et al

Filing 8

ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of John F. Fordley signed by Magistrate Judge Edmund F. Brennan on 09/15/16. 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)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHN F. FORDLEY,

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No. 2:16-cv-1985-MCE-EFB P

Plaintiff,
v.

ORDER

JOE LIZARRAGA, 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: September 15, 2016.

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