(PC) Sapp v. Germanotta

Filing 11

ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Shamont Sapp signed by Magistrate Judge Kendall J. Newman on 5/17/2017. The Warden or a designee 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 Mahanoy State Correctional Institution, Attention: Inmate Trust Account. The Clerk shall also serve Financial with a copy of this order. (cc: Financial)(Yin, K) Modified on 5/17/2017 (Yin, K).

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SHAMONT SAPP,

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No. 2:17-cv-0863 KJN P

Plaintiff,
v.

ORDER FOR PAYMENT OF INMATE
FILING FEE

STEFANI JOANNE GERMANOTTA,
Defendant.

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To: Mahanoy State Correctional Institution, Attention: Inmate Trust Account, 301 Morea Road,

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Frackville, Pennsylvania 17932:

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

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

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

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

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

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

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income credited to plaintiff’s trust account. The Pennsylvania Department of Corrections is

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required to send to the Clerk of the Court the initial partial filing fee and thereafter payments from

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plaintiff’s prison trust account each time the amount in the account exceeds $10.00, until the

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statutory filing fee of $350.00 is paid in full. 28 U.S.C. § 1915(b)(2).
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Good cause appearing therefore, IT IS HEREBY ORDERED that:

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1. The Warden of the Mahanoy State Correctional Institution or a designee shall collect

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

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of 28 U.S.C. § 1915(b)(1) as set forth in this order and shall forward the amount to the Clerk of

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the Court. The payment shall be clearly identified by the name and number assigned to this

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action.

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2. Thereafter, the Warden of the Mahanoy State Correctional Institution or a designee

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shall collect from plaintiff’s prison trust account monthly payments in an amount equal to twenty

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

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forward payments to the Clerk of the Court each time the amount in the account exceeds $10.00

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

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

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action.

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3. 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 Mahanoy State Correctional Institution, Attention:

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Inmate Trust Account, 301 Morea Road, Frackville, Pennsylvania 17932

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4. 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: May 17, 2017

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sapp0863.cdc.pennsylvania

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