Mullens v. Ferrara et al

Filing 7

ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Kenneth C. Mullens signed by Magistrate Judge Carolyn K. Delaney on 9/20/2017. The Sheriff shall collect an initial partial filing fee and thereafter the balance in monthly payments an d 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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KENNETH C. MULLENS,

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Plaintiff,

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v.

No. 2:17-cv-1142 CKD P

ORDER FOR PAYMENT

THOMAS FERRARA, et al.,

OF INMATE FILING FEE

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

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

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

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

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

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

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preceding month’s income credited to plaintiff’s trust account. The Solano County Sheriff 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 inmate 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 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.

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2. Thereafter, the Sheriff of Solano County or a designee shall collect from plaintiff’s

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

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

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

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

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payments shall be clearly identified by the name and number assigned to this 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 Sheriff of Solano County, Attention: Inmate Trust

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

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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: September 20, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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1/bh
mull1142.cdc.solano

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