Bell v. City of Vallejo et al

Filing 5

ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Kenneth M. Bell signed by Magistrate Judge Kendall J. Newman on 5/12/2017. The Sheriff shall collect an initial partial filing fee and thereafter the balance in monthly payments and for ward 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 Sacramento County. The Clerk shall also serve Financial with a copy of this order. (cc: Financial)(Yin, K)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

KENNETH M. BELL,

12
13
14
15

No. 2:17-cv-0949 KJN P

Plaintiff,
v.
CITY OF VALLEJO, et al.,

ORDER FOR PAYMENT OF INMATE
FILING FEE

Defendants.

16
17

To: The Sheriff of Sacramento County, Attention: Inmate Trust Account, 651 I Street,

18

Sacramento, California 95814:

19

Plaintiff, a county jail inmate proceeding in forma pauperis, is obligated to pay the

20

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

21

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

22

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

23

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

24

plaintiff will be obligated to make monthly payments in the amount of twenty percent of the

25

preceding month’s income credited to plaintiff’s trust account. The Sacramento County Sheriff is

26

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

27

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

28

statutory filing fee of $350.00 is paid in full. 28 U.S.C. § 1915(b)(2).
1

1

Good cause appearing therefore, IT IS HEREBY ORDERED that:

2

1. The Sheriff of Sacramento County or a designee shall collect from plaintiff’s inmate

3

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

4

§ 1915(b)(1) as set forth in this order and shall forward the amount to the Clerk of the Court. The

5

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

6

2. Thereafter, the Sheriff of Sacramento County or a designee shall collect from

7

plaintiff’s inmate trust account monthly payments in an amount equal to twenty percent (20%) of

8

the preceding month’s income credited to the inmate’s trust account and forward payments to the

9

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

10

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

11

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

12

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

13

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

14

Account, 651 I Street, Sacramento, California 95814.

15

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

16

Department of the court.

17

Dated: May 12, 2017

18
19
20
21

BELL949.cdc

22
23
24
25
26
27
28
2