(PC) Sanchez v. Johnson

Filing 7

ORDER signed by Magistrate Judge Jeremy D. Peterson on 10/22/2024 DIRECTING MONTHLY PAYMENTS be made from Prison Account of Mario Sanchez. 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 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 MARIO SANCHEZ, 11 Case No. 2:24-cv-2737 JDP (PC) Plaintiff, 12 v. 13 JOHNSON, et al., 14 ORDER FOR PAYMENT OF INMATE FILING FEE Defendants. 15 16 To: Director of the California Department of Corrections and Rehabilitation, 1515 S Street, 17 Sacramento, California 95814: 18 Plaintiff, a state prisoner proceeding in forma pauperis, is obligated to pay the statutory 19 filing fee of $350.00 for this action. Plaintiff is assessed an initial partial filing fee of twenty 20 percent (20%) of the greater of (a) the average monthly deposits to plaintiff’s trust account; or (b) 21 the average monthly balance in plaintiff’s account for the 6-month period immediately preceding 22 the filing of this action. 28 U.S.C. § 1915(b)(1). Upon payment of that initial partial filing fee, 23 plaintiff will be obligated to make monthly payments in the amount of twenty percent (20%) of 24 the preceding month’s income credited to plaintiff’s trust account. The California Department of 25 Corrections and Rehabilitation is required to send to the Clerk of the Court the initial partial filing 26 fee and thereafter payments from plaintiff’s prison trust account each time the amount in the 27 account exceeds $10.00, until the statutory filing fee of $350.00 is paid in full. 28 U.S.C. 28 § 1915(b)(2). 1 1 Good cause appearing therefore, IT IS HEREBY ORDERED that: 2 1. The Director of the California Department of Corrections and Rehabilitation or a 3 designee shall collect from plaintiff’s prison trust account an initial partial filing fee in 4 accordance with the provisions of 28 U.S.C. § 1915(b)(1) as set forth in this order and shall 5 forward the amount to the Clerk of the Court. The payment shall be clearly identified by the 6 name and number assigned to this action. 7 2. Thereafter, the Director of the California Department of Corrections and Rehabilitation 8 or a designee shall collect from plaintiff’s prison trust account monthly payments in an amount 9 equal to twenty percent (20%) of the preceding month’s income credited to the prisoner’s trust 10 account and forward payments to the Clerk of the Court each time the amount in the account 11 exceeds $10.00 in accordance with 28 U.S.C. § 1915(b)(2), until the $350.00 filing fee for this 12 action has been paid in full. The payments shall be clearly identified by the name and number 13 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 14 15 signed in forma pauperis affidavit on the Director, California Department of Corrections and 16 Rehabilitation, 1515 S Street, Sacramento, California 95814. 17 4. The Clerk of the Court is directed to serve a copy of this order on the Financial 18 Department of the court. 19 IT IS SO ORDERED. 20 21 22 Dated: October 22, 2024 JEREMY D. PETERSON UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28 2

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