Gardner v. Barrett et al
Filing
5
ORDER signed by Magistrate Judge Craig M. Kellison on 5/24/17 granting 2 Motion to Proceed IFP. Plaintiff is required to pay the statutory filing fee of $350.00 for this action. Also, DIRECTING MONTHLY PAYMENTS be made from Prison Account o f Dennis Gardner. The Sheriff of Solano County shall collect payments from plaintiff's account and forward to the clerk until the $350.00 filing fee is paid in full. Clerk to serve this order and a copy of plaintiff's IFP on the Sheriff of Solano County. Clerk to also serve Financial with a copy of this order. (cc: Financial) (Plummer, M)
1
2
3
4
5
6
7
8
IN THE UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
DENNIS GARDNER,
12
Plaintiff,
13
14
vs.
ORDER
THOMAS BARRETT, et al.,
15
Defendants.
16
/
17
18
No. 2:17-CV-0925-CMK-P
Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to
42 U.S.C. § 1983.
19
Plaintiff has submitted a declaration 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
///
22
///
23
///
24
///
25
///
26
///
1
1
To:
2
The Solano County Sheriff’s Department
Sheriff’s Administration
530 Union Avenue, Suite 100, Fairfield, California 94533:
3
Plaintiff is obligated to pay the full statutory filing fee of $350.00 for this action.
4
In addition to any initial partial filing fee required to be assessed, plaintiff will be obligated to
5
make monthly payments in the amount of twenty percent of the preceding month’s income
6
credited to plaintiff’s inmate trust account. The agency referenced above is required to send to
7
the Clerk of the Court the initial partial filing fee and thereafter payments from plaintiff’s inmate
8
trust account each time the amount in the account exceeds $10.00, until the statutory filing fee of
9
$350.00 is paid in full. See 28 U.S.C. § 1915(b)(2).
10
Accordingly, IT IS HEREBY ORDERED that:
11
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
12
granted;
13
14
action pursuant to 28 U.S.C. §§ 1914(a) and 1915(b)(1);
15
3.
The director of the agency referenced above, or a designee, shall collect
16
from plaintiff’s inmate trust account an initial partial filing fee in accordance with the provisions
17
of 28 U.S.C. § 1915(b)(1) and shall forward the amount to the Clerk of the Court, such payment
18
to be clearly identified by the name and number assigned to this action;
19
4.
Thereafter, the director of the agency referenced above, or a designee, shall
20
collect from plaintiff's inmate trust account the balance of the filing fee by collecting monthly
21
payments from plaintiff's inmate trust account in an amount equal to twenty percent (20%) of the
22
preceding month's income credited to plaintiff’s inmate trust account and forwarding payments to
23
the Clerk of the Court each time the amount in the account exceeds $10.00 in accordance with 28
24
U.S.C. § 1915(b)(2), until the $350.00 filing fee for this action has been paid in full, such
25
payments to be clearly identified by the name and number assigned to this action;
26
///
2
1
2
3
4
5.
The Clerk of the Court is directed to serve a copy of this order and a copy
of plaintiff's signed in forma pauperis affidavit to the address shown above; and
6.
The Clerk of the Court is further directed to serve a copy of this order on
the Financial Department of the court.
5
6
7
8
DATED: May 24, 2017
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
3
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?