Humes v. Sacramento County Superior Court

Filing 17

ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/27/2018 DIRECTING MONTHLY PAYMENTS be made from Prison Account of Jon Humes. The Sheriff of Sacramento County 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: Financial Department)(Henshaw, R)

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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 JON HUMES, 12 Plaintiff, 13 14 15 No. 2:18-cv-0726 CKD P v. ORDER FOR PAYMENT SACRAMENTO COUNTY SUPERIOR COURT, OF INMATE FILING FEE Defendant. 16 17 18 To: The Sheriff of Sacramento County, Attention: Inmate Trust Account, 651 I Street, 19 Sacramento, California 95814: 20 Plaintiff, a county jail inmate proceeding in forma pauperis, is obligated to pay the 21 statutory filing fee of $350.00 for this action. Plaintiff is assessed an initial partial filing fee of 20 22 percent of the greater of (a) the average monthly deposits to plaintiff’s trust account; or (b) the 23 average monthly balance in plaintiff’s account for the 6-month period immediately preceding the 24 filing of this action. 28 U.S.C. § 1915(b)(1). Upon payment of that initial partial filing fee, 25 plaintiff will be obligated to make monthly payments in the amount of twenty percent of the 26 preceding month’s income credited to plaintiff’s trust account. The Sacramento County Sheriff is 27 required to send to the Clerk of the Court the initial partial filing fee and thereafter payments from 28 ///// 1 1 plaintiff’s inmate trust account each time the amount in the account exceeds $10.00, until the 2 statutory filing fee of $350.00 is paid in full. 28 U.S.C. § 1915(b)(2). 3 Good cause appearing therefore, IT IS HEREBY ORDERED that: 4 1. The Sheriff of Sacramento County or a designee shall collect from plaintiff’s inmate 5 trust account an initial partial filing fee in accordance with the provisions of 28 U.S.C. 6 § 1915(b)(1) as set forth in this order and shall forward the amount to the Clerk of the Court. The 7 payment shall be clearly identified by the name and number assigned to this action. 8 2. Thereafter, the Sheriff of Sacramento County or a designee shall collect from 9 plaintiff’s inmate trust account monthly payments in an amount equal to twenty percent (20%) of 10 the preceding month’s income credited to the inmate’s trust account and forward payments to the 11 Clerk of the Court each time the amount in the account exceeds $10.00 in accordance with 28 12 U.S.C. § 1915(b)(2), until the $350.00 filing fee for this action has been paid in full. The 13 payments shall be clearly identified by the name and number 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 Sheriff of Sacramento County, Attention: Inmate Trust 16 Account, 651 I 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: June 27, 2018 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 hume0726.cdc.sacramento 26 27 28 2

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