Hernandez v. Thomas

Filing 4

ORDER signed by Magistrate Judge Craig M. Kellison on 10/11/2017 GRANTING 2 Motion to Proceed IFP and DIRECTING MONTHLY PAYMENTS be made from Prison Account of Anthony Hernandez. Plaintiff is required to pay the statutory filing fee of $350. The Director of the CDCR shall collect an initial partial filing fee and monthly payments in accordance with this order until the filing fee of $350 is paid in full. (cc: CDCR and Financial Department) (Henshaw, R)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ANTHONY HERNANDEZ, Plaintiff, 12 vs. 13 14 No. 2:17-CV-1803-CMK-P ORDER THOMAS, Defendant. 15 / 16 17 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 18 42 U.S.C. § 1983. Plaintiff requests leave to proceed in forma pauperis and has submitted a 19 declaration that makes the showing required by 28 U.S.C. § 1915(a). The request to proceed in 20 forma pauperis will, therefore, be granted. 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 1 1 To: The California Department of Corrections and Rehabilitation 1515 S Street, Sacramento, California 95814: 2 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); 3. 15 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; 4. 19 Thereafter, the director of the agency referenced above, or a designee, 20 shall collect from plaintiff's inmate trust account the balance of the filing fee by collecting 21 monthly payments from plaintiff's inmate trust account in an amount equal to twenty percent 22 (20%) of the preceding month's income credited to plaintiff’s inmate trust account and 23 forwarding payments to the Clerk of the Court each time the amount in the account exceeds 24 $10.00 in accordance with 28 U.S.C. § 1915(b)(2), until the $350.00 filing fee for this action has 25 been paid in full, such payments to be clearly identified by the name and number assigned to this 26 action; 2 1 2 3 4 5 /// 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. 6 7 8 9 10 DATED: October 11, 2017 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 3

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