Histon v. Mitchell

Filing 3

ORDER GRANTING LEAVE TO PROCEED IN FORMA PAUPERIS. Signed by Judge JEFFREY S. WHITE on 11/2/11. (jjoS, COURT STAFF) (Filed on 11/2/2011)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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LARRY HISTON,
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Plaintiff,
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v.
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KELLY MITCHELL,
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Defendant.
__________________________________ )

No. C 11-5210 JSW (PR)
ORDER GRANTING LEAVE
TO PROCEED IN FORMA
PAUPERIS

(Docket No. 2)

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Plaintiff’s application for leave to proceed in forma pauperis under 28 U.S.C. §

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1915 is GRANTED. The total filing fee due is $350.00. An initial partial payment of

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$11.00 is due at this time. See 28 U.S.C. § 1915(b)(1). Funds for the remainder of the

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filing fee will be collected pursuant to the instructions outlined below. A copy of this

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order and the attached instructions will be sent to the Plaintiff, the prison trust account

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office, and the Court’s financial office.

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This order terminates Docket No. 2.

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IT IS SO ORDERED.

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DATED: November 2, 2011

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JEFFREY S. WHITE
United States District Judge

UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA
LARRY HISTON,
Case Number: CV11-05210 JSW
Plaintiff,
CERTIFICATE OF SERVICE
v.
KELLY MITCHELL et al,
Defendant.

/

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on November 2, 2011, I SERVED a true and correct copy(ies) of the attached, by placing
said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office
delivery receptacle located in the Clerk's office.

Larry Histon
J79124
San Quentin State Prison
San Quentin, CA 94974
Dated: November 2, 2011
Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk

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UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA

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INSTRUCTIONS FOR PAYMENT OF PRISONER'S FILING FEE

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The prisoner shown as the plaintiff or petitioner on
action
5 forma pauperis in this court and owes to the court a the attached order has filed a civil§ 1915,in
filing fee. Pursuant to 28 U.S.C.
6 the fee is to be paid as follows:
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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 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 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 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
trust
14 fee, the prisonmonthaccount office should forward the available funds, and carry the balance
forward each
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
The trust
the monthly calculations and payments
16 case.in which it account office should makein forma pauperis and these instructions. for each
case
receives an order granting
17 The prisoner's name and case number must be noted on each remittance. The initial
filing fee
the date of the attached order. Checks should
18 partialpayable to is due within thirty days ofand sent to Prisoner Accounts Receivable, U.S.be
made
Clerk, U.S. District Court
19 District Court, 450 Golden Gate Avenue, Box 36060, San Francisco, CA 94102.
20 cc:
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Plaintiff/Petitioner
Finance Office