(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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BENJAMIN ROBERT GALLEGOS,

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Plaintiff,

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No. 2:24-cv-2526 DJC CKD P

v.

ORDER FOR PAYMENT

R. FERNANDEZ, et al.,

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OF INMATE FILING FEE

Defendants.

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To: Director of the California Department of Corrections and Rehabilitation, 1515 S Street,

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Sacramento, California 95814:
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.

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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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Dated: November 21, 2024
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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1/ks
gall2526.cdc

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