Giraldes v. California Department of Corrections and Rehabilitation et al.

Filing 7

ORDER signed by Magistrate Judge Deborah Barnes on 9/27/2017 DIRECTING MONTHLY PAYMENTS be made from Prison Account of Larry Giraldes, Jr. The Director of the CDCR shall collect an initial partial filing fee and monthly payments in accordance with this order until the filing fee of $350 is paid in full. (cc: CDCR and Financial Department) (Henshaw, R)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11
LARRY GIRALDES, JR.,

No. 2:16-cv-2139 WBS DB

12
Plaintiff,
13

ORDER

v.
14
15

CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION, et al.,

16
Defendants.
17
18

To: Director of the California Department of Corrections and Rehabilitation, 1515 S Street,

19

Sacramento, California 95814:

20

Plaintiff, a state prisoner proceeding in forma pauperis, is obligated to pay the statutory

21

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

22

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

23

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

24

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

25

be obligated to make monthly payments in the amount of twenty percent of the preceding month’s

26

income credited to plaintiff’s trust account. The California Department of Corrections and

27

Rehabilitation is required to send to the Clerk of the Court the initial partial filing fee and

28

thereafter payments from plaintiff’s prison trust account each time the amount in the account
1

1

exceeds $10.00, until the statutory filing fee of $350.00 is paid in full. 28 U.S.C. § 1915(b)(2).

2

Good cause appearing therefore, IT IS HEREBY ORDERED that:

3

1. The Director of the California Department of Corrections and Rehabilitation or a

4

designee shall collect from plaintiff’s prison trust account an initial partial filing fee in

5

accordance with the provisions of 28 U.S.C. § 1915(b)(1) as set forth in this order and shall

6

forward the amount to the Clerk of the Court. The payment shall be clearly identified by the

7

name and number assigned to this action.

8

2. Thereafter, the Director of the California Department of Corrections and Rehabilitation

9

or a designee shall collect from plaintiff’s prison trust account monthly payments in an amount

10

equal to twenty percent (20%) of the preceding month’s income credited to the prisoner’s trust

11

account and forward payments to the Clerk of the Court each time the amount in the account

12

exceeds $10.00 in accordance with 28 U.S.C. § 1915(b)(2), until the $350.00 filing fee for this

13

action has been paid in full. The payments shall be clearly identified by the name and number

14

assigned to this action.

15

3. The Clerk of the Court is directed to serve a copy of this order and a copy of plaintiff’s

16

signed in forma pauperis affidavit on the Director, California Department of Corrections and

17

Rehabilitation, 1515 S Street, Sacramento, California 95814.

18

4. The Clerk of the Court is directed to serve a copy of this order on the Financial

19

Department of the court.

20

Dated: September 27, 2017

21
22
23
24
25
26

TIM-DLB:10
DB / ORDERS / ORDERS.PRISONER.CIVIL RIGHTS / gira.2139.cdc

27
28
2