Walters v. Mitchel

Filing 11

ORDER GRANTING LEAVE TO PROCEED IN FORMA PAUPERIS; INSTRUCTIONS TO CLERK. Signed by Judge Richard Seeborg on 9/20/10. (Attachments: # 1 Appendix Certificate of Service)(cl, COURT STAFF) (Filed on 9/20/2010)

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Waiters v. Mitchel Doc. 11 1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 No. C 10-3092 RS (PR) IFP ORDER *E-Filed 9/20/10* UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION GARY WAITERS, Plaintiff, v. SERGEANT MITCHEL, Defendants. / No. C 10-3092 RS (PR) ORDER GRANTING LEAVE TO PROCEED IN FORMA PAUPERIS; INSTRUCTIONS TO CLERK Plaintiff's application for leave to proceed in forma pauperis under 28 U.S.C. 1915 is GRANTED. The total filing fee due is $ 350.00 and the initial partial filing fee due at this time is $ 0. See 28 U.S.C. 1915(b)(1). A copy of this order and the attached instructions will be sent to the plaintiff, the prison trust account office, and the court's financial office. IT IS SO ORDERED. DATED: September 20, 2010 RICHARD SEEBORG United States District Judge Dockets.Justia.com 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA INSTRUCTIONS FOR PAYMENT OF PRISONER'S FILING FEE The prisoner shown as the plaintiff or petitioner on the attached order has filed a civil action in forma pauperis in this court and owes to the court a filing fee. Pursuant to 28 U.S.C. 1915, the fee is to be paid as follows: 10 United States District Court For the Northern District of California 11 The initial partial filing fee listed on the attached order should be deducted by the prison trust account office from the prisoner's trust account and forwarded to the clerk of the court as the first installment payment on the filing fee. This amount is twenty percent of the 8 greater of (a) the average monthly deposits to the prisoner's account for the 6-month period immediately preceding the filing of the complaint/petition or (b) the average monthly balance 9 in the prisoner's account for the 6-month period immediately preceding the filing of the complaint/petition. Thereafter, on a monthly basis, 20 percent of the preceding month's income credited to the prisoner's trust account should be deducted and forwarded to the court each time the amount in the account exceeds ten dollars ($10.00). The prison trust account office should 12 continue to do this until the filing fee has been paid in full. 13 If the prisoner does not have sufficient funds in his/her account to pay the initial partial filing fee, the prison trust account office should forward the available funds, and carry 14 the balance forward each month until the amount is fully paid. 15 If the prisoner has filed more than one complaint, (s)he is required to pay a filing fee for each case. The trust account office should make the monthly calculations and payments 16 for each case in which it receives an order granting in forma pauperis and these instructions. 17 The prisoner's name and case number must be noted on each remittance. The initial partial filing fee is due within thirty days of the date of the attached order. Checks should be 18 made payable to Clerk, U.S. District Court and sent to Prisoner Accounts Receivable, U.S. District Court, 450 Golden Gate Avenue, Box 36060, San Francisco, CA 94102. 19 20 21 22 23 24 25 26 27 28 2 No. C 10-3092 RS (PR) IFP ORDER cc: Plaintiff/Petitioner Finance Office

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