(PC)Driver v. Chavez

Filing 15

ORDER DIRECTING MONTHLY PAYMENTS be made from the Prison Trust Account of Billy Driver, Jr. signed by Magistrate Judge Dennis M. Cota on 11/18/2022.Plaintiff's motion to proceed ifp is granted by separate order. Plaintiff shall pay the $35 0.00 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)

Case 2:22-cv-01447-KJM-DMC Document 15 Filed 11/21/22 Page 1 of 2
1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

BILLY DRIVER, JR.,

12
13
14

No. 2:22-CV-1447-KJM-DMC-P

Plaintiff,
v.

ORDER

CHAVEZ,

15

Defendant.

16
17

Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to

18

42 U.S.C. § 1983. By separate order, the Court has granted Plaintiff leave to proceed in forma

19

pauperis.

20
21
22

To:

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.

23

In addition to any initial partial filing fee required to be assessed, Plaintiff will be obligated to

24

make monthly payments in the amount of twenty percent of the preceding month’s income

25

credited to Plaintiff’s inmate trust account. The agency referenced above is required to send to the

26

Clerk of the Court the initial partial filing fee and thereafter payments from Plaintiff’s inmate

27

trust account each time the amount in the account exceeds $10.00, until the statutory filing fee of

28

$350.00 is paid in full. See 28 U.S.C. § 1915(b)(2).
1

Case 2:22-cv-01447-KJM-DMC Document 15 Filed 11/21/22 Page 2 of 2
1

Accordingly, IT IS HEREBY ORDERED that:

2

1.

3
4

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);
2.

The director of the agency referenced above, or a designee, shall collect

5

from Plaintiff’s inmate trust account an initial partial filing fee in accordance with the provisions

6

of 28 U.S.C. § 1915(b)(1) and shall forward the amount to the Clerk of the Court, such payment

7

to be clearly identified by the name and number assigned to this action;

8
9

3.

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

10

payments from Plaintiff's inmate trust account in an amount equal to twenty percent (20%) of the

11

preceding month's income credited to Plaintiff’s inmate trust account and forwarding payments to

12

the Clerk of the Court each time the amount in the account exceeds $10.00 in accordance with 28

13

U.S.C. § 1915(b)(2), until the $350.00 filing fee for this action has been paid in full, such

14

payments to be clearly identified by the name and number assigned to this action;

15
16
17
18

4.

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
5.

The Clerk of the Court is further directed to serve a copy of this order on

the Financial Department of the Court.

19
20

Dated: November 18, 2022

____________________________________
DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

21
22
23
24
25
26
27
28
2