Buentello v. Department of State Hospital et al

Filing 8

ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Alfredo Buentello signed by Magistrate Judge Carolyn K. Delaney on 2/6/2017. CDCR shall collect an initial partial filing fee and thereafter the balance in monthly payments and forward 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)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ALFREDO BUENTELLO, 12 Plaintiff, 13 14 15 v. ORDER FOR PAYMENT OF CALIFORNIA MEDICAL FACILITY, et al., 16 No. 2:16-cv-2559 CKD P INMATE FILING FEE Defendants. 17 18 To: Director of the California Department of Corrections and Rehabilitation, 1515 S Street, 19 Sacramento, California 95814: Plaintiff, a state prisoner proceeding in forma pauperis, is obligated to pay the statutory 20 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 ///// 1 1 thereafter payments from plaintiff’s prison trust account each time the amount in the account 2 exceeds $10.00, until the statutory filing fee of $350.00 is paid in full. 28 U.S.C. § 1915(b)(2). 3 Good cause appearing therefore, IT IS HEREBY ORDERED that: 4 1. The Director of the California Department of Corrections and Rehabilitation or a 5 designee shall collect from plaintiff’s prison trust account an initial partial filing fee in 6 accordance with the provisions of 28 U.S.C. § 1915(b)(1) as set forth in this order and shall 7 forward the amount to the Clerk of the Court. The payment shall be clearly identified by the 8 name and number assigned to this action. 9 2. Thereafter, the Director of the California Department of Corrections and Rehabilitation 10 or a designee shall collect from plaintiff’s prison trust account monthly payments in an amount 11 equal to twenty percent (20%) of the preceding month’s income credited to the prisoner’s trust 12 account and forward payments to the Clerk of the Court each time the amount in the account 13 exceeds $10.00 in accordance with 28 U.S.C. § 1915(b)(2), until the $350.00 filing fee for this 14 action has been paid in full. The payments shall be clearly identified by the name and number 15 assigned to this action. 16 3. The Clerk of the Court is directed to serve a copy of this order and a copy of plaintiff’s 17 signed in forma pauperis affidavit on Director, California Department of Corrections and 18 Rehabilitation, 1515 S Street, Sacramento, California 95814. 19 4. The Clerk of the Court is directed to serve a copy of this order on the Financial 20 Department of the court. 21 Dated: February 6, 2017 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 1 buen2559.cdc 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?