Rodriguez v. Moore et al

Filing 9

ORDER signed by Magistrate Judge Kendall J. Newman on 6/28/2018 DIRECTING MONTHLY PAYMENTS be made from Prison Account of Steven R. Rodriguez. The Sheriff of San Joaquin 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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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STEVEN R. RODRIGUEZ,

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Plaintiff,

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v.

No. 2:18-cv1089 TLN KJN P

ORDER FOR PAYMENT OF INMATE
FILING FEE

STEVE MOORE, et al.,
Defendants.

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To: The Sheriff of San Joaquin County, Attention: Inmate Trust Account, 999 W. Mathews

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Road, French Camp, California, 95231:

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Plaintiff, a pretrial detainee proceeding in forma pauperis, is obligated to pay the statutory

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filing fee of $350.00 for this action. Plaintiff is assessed an initial partial filing fee of 20 percent

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of the greater of: (a) the average monthly deposits to plaintiff’s trust account; or (b) the average

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monthly balance in plaintiff’s account for the 6-month period immediately preceding the filing of

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this action. 28 U.S.C. § 1915(b)(1). Upon payment of that initial partial filing fee, plaintiff will

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be obligated to make monthly payments in the amount of twenty percent of the preceding month’s

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income credited to plaintiff’s trust account. The San Joaquin County Sheriff is required to send to

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the Clerk of the Court the initial partial filing fee and thereafter payments from plaintiff’s inmate

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trust account each time the amount in the account exceeds $10.00, until the statutory filing fee of

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$350.00 is paid in full. 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 Sheriff of San Joaquin County or a designee shall collect from plaintiff’s inmate

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trust account an initial partial filing fee in accordance with the provisions of 28 U.S.C.

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

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

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2. Thereafter, the Sheriff of San Joaquin County or a designee shall collect from

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plaintiff’s inmate trust account monthly payments in an amount equal to twenty percent (20%) of

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the preceding month’s income credited to the inmate’s trust account and forward payments to the

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Clerk of the Court each time the amount in the account exceeds $10.00 in accordance with 28

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U.S.C. § 1915(b)(2), until the $350.00 filing fee for this action has been paid in full. The

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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 Sheriff of San Joaquin County, Attention: Inmate Trust

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Account, 999 W. Mathews Road, California 95231.

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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: June 28, 2018

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/rodr1089.cdc.San Joaquin

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