Green v. Chavez et al

Filing 12

ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Cedric Eugene Green signed by Magistrate Judge Carolyn K. Delaney on 10/18/2016. CDCR shall collect an initial partial filing fee and thereafter the balance in monthly payments and fo rward to the Clerk until the $350.00 filing fee is paid in full. The Clerk is directed to serve this order and copy of plaintiff's IFP on the Director of CDCR. The Clerk shall also serve Financial with a copy of this order. (cc: CDCR, Financial)(Yin, K)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CEDERIC EUGENE GREEN, 12 13 14 15 No. 2:16-cv-2163 CKD P Plaintiff, v. ORDER FOR PAYMENT OF INMATE FILING FEE A. CHAVEZ, et al., Defendants. 16 17 To: Director of the California Department of Corrections and Rehabilitation, 1515 S Street, 18 Sacramento, California 95814: 19 Plaintiff, a state prisoner proceeding in forma pauperis, is obligated to pay the statutory 20 filing fee of $350.00 for this action. Plaintiff is assessed an initial partial filing fee of 20 percent 21 of the greater of (a) the average monthly deposits to plaintiff’s trust account; or (b) the average 22 monthly balance in plaintiff’s account for the 6-month period immediately preceding the filing of 23 this action. 28 U.S.C. § 1915(b)(1). Upon payment of that initial partial filing fee, plaintiff will 24 be obligated to make monthly payments in the amount of twenty percent of the preceding month’s 25 income credited to plaintiff’s trust account. The California Department of Corrections and 26 Rehabilitation is required to send to the Clerk of the Court the initial partial filing fee and 27 thereafter payments from plaintiff’s prison trust account each time the amount in the account 28 exceeds $10.00, until the statutory filing fee of $350.00 is paid in full. 28 U.S.C. § 1915(b)(2). 1 1 Good cause appearing therefore, IT IS HEREBY ORDERED that: 2 1. The Director of the California Department of Corrections and Rehabilitation or a 3 designee shall collect from plaintiff’s prison trust account an initial partial filing fee in 4 accordance with the provisions of 28 U.S.C. § 1915(b)(1) as set forth in this order and shall 5 forward the amount to the Clerk of the Court. The payment shall be clearly identified by the 6 name and number assigned to this action. 7 2. Thereafter, the Director of the California Department of Corrections and Rehabilitation 8 or a designee shall collect from plaintiff’s prison trust account monthly payments from plaintiff’s 9 prison trust account in an amount equal to twenty percent (20%) of the preceding month’s income 10 credited to the prisoner’s trust account and forward payments to the Clerk of the Court each time 11 the amount in the account exceeds $10.00 in accordance with 28 U.S.C. § 1915(b)(2), until the 12 $350.00 filing fee for this action has been paid in full. The payments shall be clearly identified 13 by the name and number assigned to this action. 14 3. The Clerk of the Court is directed to serve a copy of this order and a copy of plaintiff’s 15 signed in forma pauperis affidavit on the Director, California Department of Corrections and 16 Rehabilitation, 1515 S Street, Sacramento, California 95814. 17 4. The Clerk of the Court is directed to serve a copy of this order on the Financial 18 Department of the court. 19 Dated: October 18, 2016 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 2/kly gree2163.cdc 26 27 28 2

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