(PC) Paredes v. Burton

Filing 16

ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Joel Paredes signed by Magistrate Judge Dennis M. Cota on 4/27/2021. Plaintiff's 3 motion to proceed IFP is GRANTED. Plaintiff shall pay the $350.00 filing fee in accordance with this order. The appropriate agency shall collect an initial partial filing fee and thereafter the balance in monthly payments and forward 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 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOEL PAREDES, 12 13 14 No. 2:20-CV-0259-DMC-P Plaintiff, v. ORDER ROBERT BURTON, et al., 15 Defendants. 16 17 Plaintiff, a prisoner proceeding pro se, brings this civil rights action under 42 U.S.C. 18 § 1983. Pending before the Court is Plaintiff’s motion to proceed in forma pauperis. ECF No. 3. 19 The Court has granted Plaintiff’s motion by separate order. 20 21 To: The California Department of Corrections and Rehabilitation 1515 S Street, Sacramento, California 95814: 22 Plaintiff is obligated to pay the full statutory filing fee of $350.00 for this action. In 23 addition to any initial partial filing fee required to be assessed, Plaintiff will be obligated to make 24 monthly payments in the amount of twenty percent of the preceding month’s income credited to 25 Plaintiff’s inmate trust account. The agency referenced above is required to send to the Clerk of the 26 Court the initial partial filing fee and thereafter payments from Plaintiff’s inmate trust account each 27 time the amount in the account exceeds $10.00, until the statutory filing fee of $350.00 is paid in 28 full. See 28 U.S.C. § 1915(b)(2). 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. 3 4 5 6 Plaintiff’s motion for leave to proceed in forma pauperis (ECF No. 3) is granted by separate order; 2. 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. The director of the agency referenced above, or a designee, shall collect from 7 Plaintiff’s inmate trust account an initial partial filing fee in accordance with the provisions of 28 8 U.S.C. § 1915(b)(1) and shall forward the amount to the Clerk of the Court, such payment to be 9 clearly identified by the name and number assigned to this action; 10 4. Thereafter, the director of the agency referenced above, or a designee, shall 11 collect from Plaintiff's inmate trust account the balance of the filing fee by collecting monthly 12 payments from Plaintiff's inmate trust account in an amount equal to twenty percent (20%) of the 13 preceding month's income credited to Plaintiff’s inmate trust account and forwarding payments to 14 the Clerk of the Court each time the amount in the account exceeds $10.00 in accordance with 28 15 U.S.C. § 1915(b)(2), until the $350.00 filing fee for this action has been paid in full, such payments 16 to be clearly identified by the name and number assigned to this action; 17 18 19 20 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. 21 22 Dated: April 27, 2021 ____________________________________ DENNIS M. COTA UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28 2

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