Belyew v. CFMG et al

Filing 6

ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Lisa Belyew signed by Magistrate Judge Kendall J. Newman on 10/16/17. The Director of the Department of Mental Health 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 Director of the California Department of Mental Health. Clerk to also serve Financial with a copy of this order. (cc: Financial)(Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LISA BELYEW,

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Plaintiff,

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No. 2:17-cv-1816 KJN P

v.

ORDER FOR PAYMENT OF INMATE
FILING FEE

CFMG, et al.,

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Defendants.

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To: Director of the California Department of Mental Health, 1600 Ninth Street, Sacramento,

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Sacramento, California 95814:
Plaintiff, a pretrial detainee confined in the Napa State Hospital, and proceeding in forma

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pauperis, is obligated to pay the statutory filing fee of $350.00 for this action. Plaintiff is

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assessed an initial partial filing fee of 20 percent of the greater of (a) the average monthly

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deposits to plaintiff’s trust account; or (b) the average monthly balance in plaintiff’s account for

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the 6-month period immediately preceding the filing of this action. 28 U.S.C. § 1915(b)(1).

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Upon payment of that initial partial filing fee, plaintiff will be obligated to make monthly

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payments in the amount of twenty percent of the preceding month’s income credited to plaintiff’s

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trust account. The California Department of Mental Health is required to send to the Clerk of the

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Court the initial partial filing fee and thereafter payments from plaintiff’s trust account each time

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the amount in the account exceeds $10.00, until the statutory filing fee of $350.00 is paid in full.

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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 Director of the California Department of Mental Health or a designee shall collect

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from plaintiff’s trust account an initial partial filing fee in accordance with the provisions of 28

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

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

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2. Thereafter, the Director of the California Department of Mental Health or a designee

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shall collect from plaintiff’s trust account monthly payments in an amount equal to twenty

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percent (20%) of the preceding month’s income credited to plaintiff’s trust account and forward

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payments to the Clerk of the Court each time the amount in the account exceeds $10.00 in

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accordance with 28 U.S.C. § 1915(b)(2), until the $350.00 filing fee for this action has been paid

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in full. The 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 Director of the California Department of Mental Health,

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1600 Ninth Street, Sacramento, Sacramento, California 95814.

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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: October 16, 2017

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bely1816.cdc.dmh

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