(PC) Rodriguez v. Reynolds
Filing
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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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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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RICHARD ANTHONY RODRIGUEZ,
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Case No. 2:24-cv-02388-JDP (PC)
Plaintiff,
v.
ORDER FOR PAYMENT OF INMATE
FILING FEE
REYNOLDS,
Defendant.
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To: Director of the California Department of Corrections and Rehabilitation, 1515 S Street,
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Sacramento, California 95814:
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Plaintiff, a state prisoner proceeding in forma pauperis, is obligated to pay the statutory
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filing fee of $350.00 for this action. Plaintiff is assessed an initial partial filing fee of twenty
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percent (20%) of the greater of (a) the average monthly deposits to plaintiff’s trust account; or (b)
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the average monthly balance in plaintiff’s account for the 6-month period immediately preceding
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the filing of this action. 28 U.S.C. § 1915(b)(1). Upon payment of that initial partial filing fee,
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plaintiff will be obligated to make monthly payments in the amount of twenty percent (20%) of
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the preceding month’s income credited to plaintiff’s trust account. The California Department of
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Corrections and Rehabilitation is required to send to the Clerk of the Court the initial partial filing
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fee and thereafter payments from plaintiff’s prison trust account each time the amount in the
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account exceeds $10.00, until the statutory filing fee of $350.00 is paid in full. 28 U.S.C.
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§ 1915(b)(2).
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Good cause appearing therefore, IT IS HEREBY ORDERED that:
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1. The Director of the California Department of Corrections and Rehabilitation or a
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designee shall collect from plaintiff’s prison trust account an initial partial filing fee in
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accordance with the provisions of 28 U.S.C. § 1915(b)(1) as set forth in this order and shall
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forward the amount to the Clerk of the Court. The payment shall be clearly identified by the
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name and number assigned to this action.
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2. Thereafter, the Director of the California Department of Corrections and Rehabilitation
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or a designee shall collect from plaintiff’s prison trust account monthly payments in an amount
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equal to twenty percent (20%) of the preceding month’s income credited to the prisoner’s trust
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account and forward payments to the Clerk of the Court each time the amount in the account
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exceeds $10.00 in accordance with 28 U.S.C. § 1915(b)(2), until the $350.00 filing fee for this
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action has been paid in full. The payments shall be clearly identified by the name and number
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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
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signed in forma pauperis affidavit on the Director, California Department of Corrections and
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Rehabilitation, 1515 S Street, Sacramento, California 95814.
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4. The Clerk of the Court is directed to serve a copy of this order on the Financial
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Department of the court.
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IT IS SO ORDERED.
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Dated:
October 22, 2024
JEREMY D. PETERSON
UNITED STATES MAGISTRATE JUDGE
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