(PC) Zapata v. Stites et al

Filing 6

ORDER DIRECTING MONTHLY PAYMENTS be made from the Jail Trust Account of Michelle Zapata signed by Magistrate Judge Carolyn K. Delaney on 11/17/2020. The Sheriff shall collect an initial partial filing fee and thereafter the balance in monthly paymen ts 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 Sheriff of San Joaquin County. The Clerk shall also serve Financial with a copy of this order. (cc: Financial)(Yin, K)

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Case 2:20-cv-02220-CKD Document 6 Filed 11/17/20 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHELLE ZAPATA, 12 13 14 15 No. 2:20-cv-2220 CKD P Plaintiff, v. ORDER FOR PAYMENT STITES, et al., OF INMATE FILING FEE Defendants. 16 17 To: The Sheriff of San Joaquin County, Attention: Inmate Trust Account, 7000 Michael Canlis 18 Boulevard, French Camp, CA 95231: 19 Plaintiff, a county jail inmate proceeding in forma pauperis, is obligated to pay the 20 statutory filing fee of $350.00 for this action. Plaintiff is assessed an initial partial filing fee of 20 21 percent of the greater of (a) the average monthly deposits to plaintiff’s trust account; or (b) the 22 average monthly balance in plaintiff’s account for the 6-month period immediately preceding the 23 filing of this action. 28 U.S.C. § 1915(b)(1). Upon payment of that initial partial filing fee, 24 plaintiff will be obligated to make monthly payments in the amount of twenty percent of the 25 preceding month’s income credited to plaintiff’s trust account. The San Joaquin County Sheriff is 26 required to send to the Clerk of the Court the initial partial filing fee and thereafter payments from 27 plaintiff’s inmate trust account each time the amount in the account exceeds $10.00, until the 28 statutory filing fee of $350.00 is paid in full. 28 U.S.C. § 1915(b)(2). 1 Case 2:20-cv-02220-CKD Document 6 Filed 11/17/20 Page 2 of 2 1 Good cause appearing therefore, IT IS HEREBY ORDERED that: 2 1. The Sheriff of San Joaquin County or a designee shall collect from plaintiff’s inmate 3 trust account an initial partial filing fee in accordance with the provisions of 28 U.S.C. 4 § 1915(b)(1) as set forth in this order and shall forward the amount to the Clerk of the Court. The 5 payment shall be clearly identified by the name and number assigned to this action. 6 2. Thereafter, the Sheriff of San Joaquin County or a designee shall collect from 7 plaintiff’s inmate trust account monthly payments in an amount equal to twenty percent (20%) of 8 the preceding month’s income credited to the inmate’s trust account and forward payments to the 9 Clerk of the Court each time the amount in the account exceeds $10.00 in accordance with 28 10 U.S.C. § 1915(b)(2), until the $350.00 filing fee for this action has been paid in full. The 11 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 Sheriff of San Joaquin County, Attention: Inmate Trust 14 Account, 7000 Michael Canlis Boulevard, French Camp, CA 95231. 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: November 17, 2020 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 1/kly zapa2220.cdc.san joaquin 24 25 26 27 28 2

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