Walker v. Mortell et al
Filing
8
ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Aaron Walker signed by Magistrate Judge Carolyn K. Delaney on 11/8/2017. CDCR shall collect an initial partial filing fee and thereafter the balance in monthly payments and forward to t he 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 Director of CDCR. The Clerk shall also serve Financial with a copy of this order. (cc: CDCR, Financial)(Yin, K)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
AARON WALKER,
12
13
14
15
No. 2:17-cv-1459 CKD P
Plaintiff,
v.
ORDER FOR PAYMENT
MORTELL, et al.,
OF INMATE FILING FEE
Defendants.
16
17
To: Director of the California Department of Corrections and Rehabilitation, 1515 S Street,
18
Sacramento, California 95814:
19
Plaintiff, a state prisoner proceeding in forma pauperis, is obligated to pay the statutory
20
filing fee of $350.00 for this action. Plaintiff is assessed an initial partial filing fee of 20 percent
21
of the greater of (a) the average monthly deposits to plaintiff’s trust account; or (b) the average
22
monthly balance in plaintiff’s account for the 6-month period immediately preceding the filing of
23
this action. 28 U.S.C. § 1915(b)(1). Upon payment of that initial partial filing fee, plaintiff will
24
be obligated to make monthly payments in the amount of twenty percent of the preceding month’s
25
income credited to plaintiff’s trust account. The California Department of Corrections and
26
Rehabilitation is required to send to the Clerk of the Court the initial partial filing fee and
27
thereafter payments from plaintiff’s prison trust account each time the amount in the account
28
exceeds $10.00, until the 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 Director of the California Department of Corrections and Rehabilitation or a
3
designee shall collect from plaintiff’s prison trust account an initial partial filing fee in
4
accordance with the provisions of 28 U.S.C. § 1915(b)(1) as set forth in this order and shall
5
forward the amount to the Clerk of the Court. The payment shall be clearly identified by the
6
name and number assigned to this action.
7
2. Thereafter, the Director of the California Department of Corrections and Rehabilitation
8
or a designee shall collect from plaintiff’s prison trust account monthly payments in an amount
9
equal to twenty percent (20%) of the preceding month’s income credited to the prisoner’s trust
10
account and forward payments to the Clerk of the Court each time the amount in the account
11
exceeds $10.00 in accordance with 28 U.S.C. § 1915(b)(2), until the $350.00 filing fee for this
12
action has been paid in full. The payments shall be clearly identified by the name and number
13
assigned to this action.
14
3. The Clerk of the Court is directed to serve a copy of this order and a copy of plaintiff’s
15
signed in forma pauperis affidavit on the Director, California Department of Corrections and
16
Rehabilitation, 1515 S Street, Sacramento, California 95814.
17
4. The Clerk of the Court is directed to serve a copy of this order on the Financial
18
Department of the court.
19
Dated: November 8, 2017
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
20
21
22
23
24
1/bh
walk1459.cdc
25
26
27
28
2
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?