(PC) Irby v. Thornton et al

Filing 11

ORDER signed by Magistrate Judge Edmund F. Brennan on 9/7/2021 DIRECTING MONTHLY PAYMENTS be made from Prison Account of Anthony Demetris Irby. 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)

Case 2:21-cv-01047-TLN-EFB Document 11 Filed 09/07/21 Page 1 of 2
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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANTHONY DEMETRIS IRBY,

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No. 2:21-cv-1047-TLN-EFB P

Plaintiff,
v.

ORDER

THORNTON, et al.,
Defendants.

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Plaintiff is a county jail inmate proceeding without counsel and in forma pauperis in an

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action brought under 42 U.S.C. § 1983. This proceeding was referred to this court by Local Rule

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302 pursuant to 28 U.S.C. § 636(b)(1).

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Pursuant to 28 U.S.C. § 1915(b)(1), plaintiff must pay the $350 filing fee required by 28

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U.S.C. § 1914(a). Plaintiff is assessed an initial partial filing fee of 20 percent of the greater of

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(a) the average monthly deposits to plaintiff’s trust account; or (b) the average monthly balance in

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plaintiff’s account for the six-month period immediately preceding the filing of the complaint. 28

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U.S.C. § 1915(b)(1). Thereafter, plaintiff must make monthly payments of 20 percent of the

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preceding month’s income credited to his trust account. 28 U.S.C. § 1915(b)(2).

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The agency having custody of plaintiff is required to forward to the Clerk of the Court the

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initial partial filing fee, if funds exist, as well as payments from plaintiff’s account each time the

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amount in the account exceeds $10, until the filing fee is paid. Id.
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Case 2:21-cv-01047-TLN-EFB Document 11 Filed 09/07/21 Page 2 of 2
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The Clerk of the Court shall serve a copy of this order and a copy of plaintiff’s in forma

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pauperis application upon the Sheriff of Solano County, Attention: Inmate Trust Account, 500

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Union Avenue, Fairfield, California, 94533, and deliver a copy of this order to the Clerk’s

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financial division.

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So ordered.

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Dated: September 7, 2021.

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