(PC) Clark v. County of Sacramento

Filing 9

ORDER DIRECTING MONTHLY PAYMENTS be made from the Trust Account of Alphonso Ramon Clark signed by Magistrate Judge Allison Claire on 4/28/2021. 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 CA Department of Mental Health. The Clerk shall also serve Financial with a copy of this order. (cc: Financial) (Yin, K)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 ALPHONSO RAMON CLARK, 11 12 13 No. 2:20-cv-0432 AC P Plaintiff, v. COUNTY OF SACRAMENTO, 14 ORDER FOR PAYMENT OF INMATE FILING FEE Defendant. 15 16 To: Director of the California Department of Mental Health, 1600 Ninth Street, Sacramento, 17 California 95814: 18 Plaintiff is a state inmate confined in Napa State Hospital. Plaintiff, who is proceeding in 19 forma pauperis, is obligated to pay the statutory filing fee of $350.00 for this action. Plaintiff is 20 assessed an initial partial filing fee of 20 percent of the greater of (a) the average monthly 21 deposits to plaintiff’s trust account; or (b) the average monthly balance in plaintiff’s account for 22 the 6-month period immediately preceding the filing of this action. 28 U.S.C. § 1915(b)(1). 23 Upon payment of that initial partial filing fee, plaintiff will be obligated to make monthly 24 payments in the amount of twenty percent of the preceding month’s income credited to plaintiff’s 25 trust account. The California Department of Mental Health is required to send to the Clerk of the 26 Court the initial partial filing fee and thereafter payments from plaintiff’s trust account each time 27 the amount in the account exceeds $10.00, until the statutory filing fee of $350.00 is paid in full. 28 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 Mental Health or a designee shall collect 3 from plaintiff’s trust account an initial partial filing fee in accordance with the provisions of 28 4 U.S.C. § 1915(b)(1) as set forth in this order and shall forward the amount to the Clerk of the 5 Court. The payment shall be clearly identified by the name and number assigned to this action. 6 2. Thereafter, the Director of the California Department of Mental Health or a designee 7 shall collect from plaintiff’s trust account monthly payments in an amount equal to twenty 8 percent (20%) of the preceding month’s income credited to plaintiff’s trust account and forward 9 payments to the Clerk of the Court each time the amount in the account exceeds $10.00 in 10 accordance with 28 U.S.C. § 1915(b)(2), until the $350.00 filing fee for this action has been paid 11 in full. The payments shall be clearly identified by the name and number assigned to this action. 12 3. The Clerk of the Court is directed to serve a copy of this order and a copy of plaintiff’s 13 signed in forma pauperis affidavit on the Director of the California Department of Mental Health, 14 1600 Ninth Street, Sacramento, California 95814. 15 4. The Clerk of the Court is directed to serve a copy of this order on the Financial 16 Department of the court. 17 DATED: April 28, 2021 18 19 20 21 22 23 24 25 26 27 28 2

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