(PC) Roberts v. Richer et al
ORDER signed by Magistrate Judge Dennis M. Cota on 4/27/2021 DIRECTING MONTHLY PAYMENTS be made from Prison Account of David Nathaniel Roberts. 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)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
TRUST OFFICE STAFF, et al.,
Plaintiff, a prisoner proceeding pro se, brings this civil rights action under 42 U.S.C.
§ 1983. Pending before the Court is Plaintiff’s motion to proceed in forma pauperis. ECF No. 2.
The Court has granted Plaintiff’s motion by separate order.
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. In
addition to any initial partial filing fee required to be assessed, Plaintiff will be obligated to make
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
time the amount in the account exceeds $10.00, until the statutory filing fee of $350.00 is paid in
full. See 28 U.S.C. § 1915(b)(2).
Accordingly, IT IS HEREBY ORDERED that:
Plaintiff’s motion for leave to proceed in forma pauperis (ECF No. 2) is
granted by separate order;
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);
The director of the agency referenced above, or a designee, shall collect from
Plaintiff’s inmate trust account an initial partial filing fee in accordance with the provisions of 28
U.S.C. § 1915(b)(1) and shall forward the amount to the Clerk of the Court, such payment to be
clearly identified by the name and number assigned to this action;
Thereafter, the director of the agency referenced above, or a designee, shall
collect from Plaintiff's inmate trust account the balance of the filing fee by collecting monthly
payments from Plaintiff's inmate trust account in an amount equal to twenty percent (20%) of the
preceding month's income credited to Plaintiff’s inmate trust account and forwarding payments to
the Clerk of the Court each time the amount in the account exceeds $10.00 in accordance with 28
U.S.C. § 1915(b)(2), until the $350.00 filing fee for this action has been paid in full, such payments
to be clearly identified by the name and number assigned to this action;
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
The Clerk of the Court is further directed to serve a copy of this order on the
Financial Department of the Court.
Dated: April 27, 2021
DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE
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