(PC)Appleby v. Farhat

Filing 8

ORDER signed by Magistrate Judge Dennis M. Cota on 11/18/2020 DIRECTING MONTHLY PAYMENTS be made from Prison Account of Tony Appleby. Plaintiff to pay the statutory filing fee of $350.00. The custodial agency 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: CDCR and Financial Department) (Henshaw, R)

Case 2:20-cv-02113-WBS-DMC Document 8 Filed 11/18/20 Page 1 of 2
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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TONY APPLEBY,

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No. 2:20-CV-2113-WBS-DMC-P

Plaintiff,

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v.

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ALEX HARFAT,

ORDER

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Defendant.

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Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to

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42 U.S.C. § 1983.

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To:

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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.

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In addition to any initial partial filing fee required to be assessed, Plaintiff will be obligated to

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make monthly payments in the amount of twenty percent of the preceding month’s income

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credited to Plaintiff’s inmate trust account. The agency referenced above 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. See 28 U.S.C. § 1915(b)(2).

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Case 2:20-cv-02113-WBS-DMC Document 8 Filed 11/18/20 Page 2 of 2
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Accordingly, IT IS HEREBY ORDERED that:

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1.

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By separate order, Plaintiff’s motion for leave to proceed in forma pauperis

(ECF No. 6) is granted;
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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

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from Plaintiff’s inmate trust account an initial partial filing fee in accordance with the provisions

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of 28 U.S.C. § 1915(b)(1) and shall forward the amount to the Clerk of the Court, such payment

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to be clearly identified by the name and number assigned to this action;

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4.

Thereafter, the director of the agency referenced above, or a designee, shall

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collect from Plaintiff's inmate trust account the balance of the filing fee by collecting monthly

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payments from Plaintiff's inmate trust account in an amount equal to twenty percent (20%) of the

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preceding month's income credited to Plaintiff’s inmate trust account and forwarding payments to

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the 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, such

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payments to be clearly identified by the name and number assigned to this action;

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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
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The Clerk of the Court is further directed to serve a copy of this order on

the Financial Department of the Court.

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Dated: November 18, 2020
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DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

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