(PC) Rodriguez v. Reynolds

Filing 11

ORDER signed by Magistrate Judge Jeremy D. Peterson on 10/22/2024 DIRECTING MONTHLY PAYMENTS be made from Prison Account of Richard Anthony Rodriguez. The Clerk to serve a copy of this order and a copy of plaintiff's in forma pauperis application on CDCR. (cc: Financial, CDCR) (Spichka, 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 RICHARD ANTHONY RODRIGUEZ, 12 13 14 15 Case No. 2:24-cv-02388-JDP (PC) Plaintiff, v. ORDER FOR PAYMENT OF INMATE FILING FEE REYNOLDS, Defendant. 16 17 To: Director of the California Department of Corrections and Rehabilitation, 1515 S Street, 18 Sacramento, California 95814: 19 Plaintiff, a state prisoner proceeding in forma pauperis, is obligated to pay the statutory 20 filing fee of $350.00 for this action. Plaintiff is assessed an initial partial filing fee of twenty 21 percent (20%) of the greater of (a) the average monthly deposits to plaintiff’s trust account; or (b) 22 the average monthly balance in plaintiff’s account for the 6-month period immediately preceding 23 the filing of this action. 28 U.S.C. § 1915(b)(1). Upon payment of that initial partial filing fee, 24 plaintiff will be obligated to make monthly payments in the amount of twenty percent (20%) of 25 the preceding month’s income credited to plaintiff’s trust account. The California Department of 26 Corrections and Rehabilitation is required to send to the Clerk of the Court the initial partial filing 27 fee and thereafter payments from plaintiff’s prison trust account each time the amount in the 28 account exceeds $10.00, until the statutory filing fee of $350.00 is paid in full. 28 U.S.C. 1 1 § 1915(b)(2). 2 Good cause appearing therefore, IT IS HEREBY ORDERED that: 3 1. The Director of the California Department of Corrections and Rehabilitation or a 4 designee shall collect from plaintiff’s prison trust account an initial partial filing fee in 5 accordance with the provisions of 28 U.S.C. § 1915(b)(1) as set forth in this order and shall 6 forward the amount to the Clerk of the Court. The payment shall be clearly identified by the 7 name and number assigned to this action. 8 2. Thereafter, the Director of the California Department of Corrections and Rehabilitation 9 or a designee shall collect from plaintiff’s prison trust account monthly payments in an amount 10 equal to twenty percent (20%) of the preceding month’s income credited to the prisoner’s trust 11 account and forward payments to the Clerk of the Court each time the amount in the account 12 exceeds $10.00 in accordance with 28 U.S.C. § 1915(b)(2), until the $350.00 filing fee for this 13 action has been paid in full. The payments shall be clearly identified by the name and number 14 assigned to this action. 3. The Clerk of the Court is directed to serve a copy of this order and a copy of plaintiff’s 15 16 signed in forma pauperis affidavit on the Director, California Department of Corrections and 17 Rehabilitation, 1515 S Street, Sacramento, California 95814. 18 4. The Clerk of the Court is directed to serve a copy of this order on the Financial 19 Department of the court. 20 IT IS SO ORDERED. 21 22 23 Dated: October 22, 2024 JEREMY D. PETERSON UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28 2

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