Robben v. Calaveras County Superior Court et al

Filing 12

ORDER signed by Magistrate Judge Craig M. Kellison on 9/19/2017 GRANTING 2 Motion to Proceed IFP and DIRECTING MONTHLY PAYMENTS be made from Inmate Trust Account of Todd Robben. Plaintiff to pay the full statutory filing fee of $350. The Rio Cosumnes Correctional Center 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: Financial Department)(Henshaw, R)

1
2
3
4
5
6
7
8
9

IN THE UNITED STATES DISTRICT COURT

10

FOR THE EASTERN DISTRICT OF CALIFORNIA

11
12

TODD ROBBEN,

13
14
15

No. 2:16-cv-2884-JAM-CMK-P

Plaintiff,
vs.

ORDER

CALAVERAS COUNTY SUPERIOR
COURT, et. al.,

16
Defendants.
17

/

18

Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to

19

42 U.S.C. § 1983. Plaintiff has submitted a declaration1 that makes the showing required by 28

20

U.S.C. § 1915(a). The request to proceed in forma pauperis will, therefore, be granted.

21

To:

22

Rio Cosumnes Correctional Center
Attention Inmate Trust Accounts
12500 Bruceville Rd., Elk Grove, California 95757:

23
24
1

25
26

Although the inmate trust account statement plaintiff has submitted in this case is
insufficient, the court notes that plaintiff has submitted an appropriate statement and declaration
in his other cases. See Robben v. El Dorado County, 2:15-cv-2695-MCE-KJN. The court may
take judicial notice of its own records. See Chandler v. U.S., 378 F.2d 906, 909 (9th Cir. 1967).
1

1

Plaintiff is obligated to pay the full statutory filing fee of $350.00 for this action.

2

In addition to any initial partial filing fee required to be assessed, plaintiff will be obligated to

3

make monthly payments in the amount of twenty percent of the preceding month’s income

4

credited to plaintiff’s inmate trust account. The agency referenced above is required to send to

5

the Clerk of the Court the initial partial filing fee and thereafter payments from plaintiff’s inmate

6

trust account each time the amount in the account exceeds $10.00, until the statutory filing fee of

7

$350.00 is paid in full. See 28 U.S.C. § 1915(b)(2).

8

Accordingly, IT IS HEREBY ORDERED that:

9

1.

Plaintiff’s motion for leave to proceed in forma pauperis (Doc. 2) is

2.

Plaintiff is required to pay the full statutory filing fee of $350.00 for this

10

granted;

11
12

action pursuant to 28 U.S.C. §§ 1914(a) and 1915(b)(1);

13

3.

The director of the agency referenced above, or a designee, shall collect

14

from plaintiff’s inmate trust account an initial partial filing fee in accordance with the provisions

15

of 28 U.S.C. § 1915(b)(1) and shall forward the amount to the Clerk of the Court, such payment

16

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

17

4.

Thereafter, the director of the agency referenced above, or a designee, shall

18

collect from plaintiff's inmate trust account the balance of the filing fee by collecting monthly

19

payments from plaintiff's inmate trust account in an amount equal to twenty percent (20%) of the

20

preceding month's income credited to plaintiff’s inmate trust account and forwarding payments to

21

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

22

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

23

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

24

5.

The Clerk of the Court is directed to serve a copy of this order and a copy

25

of plaintiff's signed in forma pauperis affidavit to the address shown above; and

26

///
2

1
2

6.

The Clerk of the Court is further directed to serve a copy of this order on

the Financial Department of the court.

3
4
5
6

DATED: September 19, 2017
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
3