(PC) Perkins v. Aung

Filing 5

ORDER signed by Magistrate Judge Jeremy D. Peterson on 11/19/2020 GRANTING 2 Motion to Proceed IFP and DIRECTING MONTHLY PAYMENTS be made from Prison Account of Wayne Deshown Perkins. 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)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WAYNE DESHOWN PERKINS, 12 13 14 15 Plaintiff, No. 2:20-cv-02169-JDP (PC) ORDER v. NAY AUNG, Defendant. 16 17 Plaintiff is a state prisoner proceeding without counsel in this action pursuant 42 U.S.C. 18 § 1983. He has filed an application to proceed in forma pauperis and prisoner account trust 19 statement. ECF No. 2. The application makes the proper showing and will be GRANTED. 20 Pursuant to 28 U.S.C. § 1915(b)(1), plaintiff must pay the $350 filing fee required by 28 21 U.S.C. § 1914(a). Plaintiff is assessed an initial partial filing fee of 20 percent of the greater of 22 (a) the average monthly deposits to plaintiff’s trust account; or (b) the average monthly balance in 23 plaintiff’s account for the six-month period immediately preceding the filing of the complaint. 28 24 U.S.C. § 1915(b)(1). Thereafter, plaintiff must make monthly payments of 20 percent of the 25 preceding month’s income credited to his trust account. 28 U.S.C. § 1915(b)(2). 26 The agency having custody of plaintiff is required to forward to the Clerk of the Court the 27 initial partial filing fee, if funds exist, as well as payments from plaintiff’s account each time the 28 amount in the account exceeds $10, until the filing fee is paid. Id. The Clerk of the Court shall serve a copy of this order and a copy of plaintiff’s in forma 1 2 pauperis application upon the Director of the California Department of Corrections and 3 Rehabilitation and deliver a copy of this order to the Clerk’s financial division. 4 5 IT IS SO ORDERED. 6 Dated: 7 8 November 19, 2020 JEREMY D. PETERSON UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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