(PC) Gallegos v. Fernandez et al

Filing 12

ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/21/2024 DIRECTING MONTHLY PAYMENTS be made from Prison Account of Benjamin Robert Gallegos. 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 BENJAMIN ROBERT GALLEGOS, 12 Plaintiff, 13 14 No. 2:24-cv-2526 DJC CKD P v. ORDER FOR PAYMENT R. FERNANDEZ, et al., 15 OF INMATE FILING FEE Defendants. 16 17 To: Director of the California Department of Corrections and Rehabilitation, 1515 S Street, 18 Sacramento, California 95814: Plaintiff, a state prisoner proceeding in forma pauperis, is obligated to pay the statutory 19 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 ///// 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: November 21, 2024 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 1/ks gall2526.cdc 28 2

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