Jenkins v. Barker, et al.

Filing 34

ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Robert Lee Jenkins, Jr. signed by Magistrate Judge Deborah Barnes on 9/11/2017. CDCR shall collect an initial partial filing fee and thereafter the balance in monthly payments and forw ard 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 Director of CDCR. The Clerk shall also serve Financial with a copy of this order. (cc: CDCR, Financial)(Yin, K)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT LEE JENKINS, Jr., 12 13 14 15 No. 2:17-cv-1865 GEB DB P Plaintiff, v. ORDER FOR PAYMENT OF INMATE FILING FEE LARES, et al., 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: September 11, 2017 20 21 /s/ DEBORAH BARNES UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 DLB:9 DLB1/prisoner-civil rights/jenk1865.cdc 28 2

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