(PC) Ruiz v. Clerk Northern District of CA et al

Filing 8

ORDER DIRECTING MONTHLY PAYMENTS be made from the Prison Trust Account of Rogelio May Ruiz signed by Magistrate Judge Dennis M. Cota on 11/18/2020. Plaintiff's 2 motion to proceed IFP is GRANTED, by separate order. Plaintiff shall pay the � 36;350.00 filing fee in accordance with this order. CDCR 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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Case 2:20-cv-02025-TLN-DMC Document 8 Filed 11/18/20 Page 1 of 2 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROGELIO MAY RUIZ, 12 13 14 15 No. 2:20-CV-2025-TLN-DMC-P Plaintiff, v. ORDER CLERK NORTHERN DISTRICT OF CA, et al., Defendants. 16 17 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 18 19 42 U.S.C. § 1983. 20 To: 21 22 The California Department of Corrections and Rehabilitation 1515 S Street, Sacramento, California 95814: Plaintiff is obligated to pay the full statutory filing fee of $350.00 for this action. 23 In addition to any initial partial filing fee required to be assessed, Plaintiff will be obligated to 24 make monthly payments in the amount of twenty percent of the preceding month’s income 25 credited to Plaintiff’s inmate trust account. The agency referenced above is required to send to 26 the Clerk of the Court the initial partial filing fee and thereafter payments from Plaintiff’s inmate 27 trust account each time the amount in the account exceeds $10.00, until the statutory filing fee of 28 $350.00 is paid in full. See 28 U.S.C. § 1915(b)(2). 1 Case 2:20-cv-02025-TLN-DMC Document 8 Filed 11/18/20 Page 2 of 2 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. 3 4 5 6 By separate order, Plaintiff’s motion for leave to proceed in forma pauperis (ECF No. 2) is granted; 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 7 from Plaintiff’s inmate trust account an initial partial filing fee in accordance with the provisions 8 of 28 U.S.C. § 1915(b)(1) and shall forward the amount to the Clerk of the Court, such payment 9 to be 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 16 payments 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: November 18, 2020 ____________________________________ DENNIS M. COTA UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28 2

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