(PC) Gunn v. Stanton Correctional Facility et al

Filing 6

ORDER signed by Magistrate Judge Dennis M. Cota on 7/13/2021 DIRECTING MONTHLY PAYMENTS be made from Prison Account of Aumintrius Damour Gunn. 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: Financial Department)(Henshaw, R)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 AUMINTRIUS DAMOUR GUNN, 12 13 14 15 No. 2:21-CV-0569-DMC-P Plaintiff, v. ORDER STANTON CORRECTIONAL FACILITY, et al., Defendants. 16 17 Plaintiff, a prisoner proceeding pro se, brings this civil rights action under 42 U.S.C. 18 19 § 1983 Before the Court is Plaintiff’s motion to proceed in forma pauperis. ECF No. 4. The Court has granted Plaintiff’s motion by separate order. 20 21 22 To: The Solano County Sheriff’s Department Sheriff’s Administration 530 Union Avenue, Suite 100, Fairfield, California 94533: 23 Plaintiff is obligated to pay the full statutory filing fee of $350.00 for this action. In 24 addition to any initial partial filing fee required to be assessed, Plaintiff will be obligated to make 25 26 27 monthly payments in the amount of twenty percent of the preceding month’s income credited to Plaintiff’s inmate trust account. The agency referenced above is required to send to the Clerk of the Court the initial partial filing fee and thereafter payments from Plaintiff’s inmate trust account each 28 1 1 time the amount in the account exceeds $10.00, until the statutory filing fee of $350.00 is paid in 2 full. See 28 U.S.C. § 1915(b)(2). 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. 5 6 7 8 Plaintiff’s motion for leave to proceed in forma pauperis (ECF No. 4) is granted by separate order. 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 from 9 Plaintiff’s inmate trust account an initial partial filing fee in accordance with the provisions of 28 10 U.S.C. § 1915(b)(1) and shall forward the amount to the Clerk of the Court, such payment to be 11 clearly identified by the name and number assigned to this action. 12 4. Thereafter, the director of the agency referenced above, or a designee, shall 13 collect from Plaintiff's inmate trust account the balance of the filing fee by collecting monthly 14 payments from Plaintiff's inmate trust account in an amount equal to twenty percent (20%) of the 15 preceding month's income credited to Plaintiff’s inmate trust account and forwarding payments to 16 the Clerk of the Court each time the amount in the account exceeds $10.00 in accordance with 28 17 U.S.C. § 1915(b)(2), until the $350.00 filing fee for this action has been paid in full, such payments 18 to be clearly identified by the name and number assigned to this action. 19 20 21 22 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. 6. The Clerk of the Court is further directed to serve a copy of this order on the Financial Department of the Court. 23 24 Dated: July 13, 2021 ____________________________________ DENNIS M. COTA UNITED STATES MAGISTRATE JUDGE 25 26 27 28 2

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