(PC) Driver v. CHCF et al
ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Trust Account of Billy Driver, Jr. signed by Magistrate Judge Dennis M. Cota on 11/16/2021.Plaintiff's motion to proceed ifp is granted by separate order. Plaintiff shall pay the $350.00 filing fee in accordance with this order. The appropriate agency shall collect an initial partial filing fee and thereafter the balance in monthly payments 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 Director of CDCR. The Clerk shall also serve Financial with a copy of this order. (cc: CDCR, Financial)(Yin, K)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
BILLYL DRIVER, JR.,
CHCF, et al.,
Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to
42 U.S.C. § 1983. Pending before the Court is Plaintiff’s motion to proceed in forma pauperis.
ECF No. 8. 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. 8, 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: November 16, 2021
DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE
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