(PC) Hardin v. Carello et al

Filing 10

ORDER DIRECTING MONTHLY PAYMENTS be made from the Prison Trust Account of Jeffrey Thomas Hardin, Jr. signed by Magistrate Judge Allison Claire on 9/25/2024. The appropriate agency shall collect an initial partial filing fee and thereafter the balanc e 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)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 JEFFREY THOMAS HARDIN, JR., Plaintiff, 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 No. 2:23-cv-1902 AC P v. PATRICK COVELLO, et al., ORDER FOR PAYMENT OF INMATE FILING FEE Defendants. To: Director of the California Department of Corrections and Rehabilitation, 1515 S Street, Sacramento, California 95814: Plaintiff, a state prisoner proceeding in forma pauperis, is obligated to pay the statutory filing fee of $350.00 for this action. Plaintiff is assessed an initial partial filing fee of twenty percent (20%) of the greater of (a) the average monthly deposits to plaintiff’s trust account; or (b) the average monthly balance in plaintiff’s account for the 6-month period immediately preceding the filing of this action. 28 U.S.C. § 1915(b)(1). Upon payment of that initial partial filing fee, plaintiff will be obligated to make monthly payments in the amount of twenty percent of the preceding month’s income credited to plaintiff’s trust account. The California Department of Corrections and Rehabilitation is required to send to the Clerk of the Court the initial partial filing fee and thereafter payments from plaintiff’s prison trust account each time the amount in the 1 1 account exceeds $10.00, until the statutory filing fee of $350.00 is paid in full. 28 U.S.C. § 2 1915(b)(2). 3 Good cause appearing therefore, IT IS HEREBY ORDERED that: 4 1. The Director of the California Department of Corrections and Rehabilitation or a 5 designee shall collect from plaintiff’s prison trust account an initial partial filing fee in 6 accordance with the provisions of 28 U.S.C. § 1915(b)(1) as set forth in this order and shall 7 forward the amount to the Clerk of the Court. The payment shall be clearly identified by the 8 name and number assigned to this action. 9 2. Thereafter, the Director of the California Department of Corrections and Rehabilitation 10 or a designee shall collect from plaintiff’s prison trust account monthly payments in an amount 11 equal to twenty percent (20%) of the preceding month’s income credited to the prisoner’s trust 12 account and forward payments to the Clerk of the Court each time the amount in the account 13 exceeds $10.00 in accordance with 28 U.S.C. § 1915(b)(2), until the $350.00 filing fee for this 14 action has been paid in full. The payments shall be clearly identified by the name and number 15 assigned to this action. 16 3. The Clerk of the Court is directed to serve a copy of this order and a copy of plaintiff’s 17 signed in forma pauperis affidavit on the Director, California Department of Corrections and 18 Rehabilitation, 1515 S Street, Sacramento, California 95814. 19 4. The Clerk of the Court is directed to serve a copy of this order on the Financial 20 Department of the court. 21 DATED: September 25, 2024 22 23 24 25 26 27 28 2

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