Humes v. Shubert

Filing 13

ORDER signed by Magistrate Judge Craig M. Kellison on 03/13/18 granting 7 , 8 , 10 , and 11 Motions to Proceed IFP. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. Also, DIRECTING MONTHLY PAYMENTS be ma de from Prison Account of Jon Humes. The Sheriff of Sacramento County 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 Sheriff of Sacramento County. Clerk to also serve Financial with a copy of this order. (cc: Financial) (Plummer, M)

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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 JON HUMES, No. 2:17-CV-2251-GEB-CMK-P Plaintiff, 12 vs. 13 ORDER 14 ANN MARIE SHUBERT, 15 Defendant. / 16 17 18 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff has submitted a declaration that makes the showing required by 28 19 20 U.S.C. § 1915(a). The request to proceed in forma pauperis will, therefore, be granted. 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 1 1 To: 2 Sacramento County Jail Attention Inmate Trust Accounts 651 "I" Street, Sacramento, CA 95814: 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. 12 and 11) are granted; 2. 13 14 Plaintiff’s motions for leave to proceed in forma pauperis (Docs. 7, 8, 10, Plaintiff is required to pay the full statutory filing fee of $350.00 for this 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 DATED: March 13, 2018 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 3

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