Oestreich v. State of California et al

Filing 7

ORDER DIRECTING MONTHLY PAYMENTS be made from the Trust Account of Nicholas Roy Oestreich signed by Magistrate Judge Deborah Barnes on 10/24/2017. Plaintiff's 2 request to proceed IFP is GRANTED. The Sheriff 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 Sheriff of Solano County. The Clerk shall also serve Financial with a copy of this order. (cc: Financial) (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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NICHOLAS ROY OESTREICH,

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No. 2:16-cv-2921 MCE DB P

Plaintiff,
v.

ORDER AND ORDER FOR PAYMENT OF
INMATE FILING FEE

STATE OF CALIFORNIA, et al.,

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Defendants.

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To: The Sheriff of Solano County, Attention: Inmate Trust Account, 500 Union Avenue,

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Fairfield, California, 94533:

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Plaintiff is a county jail inmate proceeding pro se. Plaintiff seeks relief pursuant to 42

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U.S.C. § 1983 and has requested leave to proceed in forma pauperis pursuant to 28 U.S.C. §

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1915. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. §

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636(b)(1).

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Plaintiff has submitted a declaration that makes the showing required by 28 U.S.C.
§ 1915(a). Accordingly, the request to proceed in forma pauperis will be granted.
Plaintiff is required to pay the statutory filing fee of $350.00 for this action. 28 U.S.C.

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§§ 1914(a), 1915(b)(1). Plaintiff will be assessed an initial partial filing fee in accordance with

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the provisions of 28 U.S.C. § 1915(b)(1). The court will direct the appropriate agency to collect

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the initial partial filing fee from plaintiff’s trust account and forward it to the Clerk of the Court.
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Thereafter, plaintiff will be obligated for monthly payments of twenty percent of the preceding

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month’s income credited to plaintiff’s prison trust account. These payments will be forwarded by

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the appropriate agency to the Clerk of the Court each time the amount in plaintiff’s account

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

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The Solano County Sheriff is required to send to the Clerk of the Court the initial partial

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filing fee and thereafter payments from plaintiff’s inmate trust account each time the amount in

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the account exceeds $10.00, until the statutory filing fee of $350.00 is paid in full. 28 U.S.C. §

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1915(b)(2).

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Good cause appearing therefore, IT IS HEREBY ORDERED that:

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1. Plaintiff’s request for leave to proceed in forma pauperis (ECF No. 2) is granted.

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

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is assessed an initial partial filing fee in accordance with the provisions of 28 U.S.C.

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§ 1915(b)(1).
3. The Sheriff of Solano County or a designee shall collect from plaintiff’s inmate trust

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account an initial partial filing fee in accordance with the provisions of 28 U.S.C. § 1915(b)(1) as

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set forth in this order and shall forward the amount to the Clerk of the Court. The payment shall

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be clearly identified by the name and number assigned to this action.
4. Thereafter, the Sheriff of Solano County or a designee shall collect from plaintiff’s

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inmate trust account monthly payments from plaintiff’s inmate trust account in an amount equal

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

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

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

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

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

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signed in forma pauperis affidavit on the Sheriff of Solano County, Attention: Inmate Trust

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Account, 500 Union Avenue, Fairfield, California, 94533.

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

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Department of the court.

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Dated: October 24, 2017

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/DLB7;oest2921.cdc.solano

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