Flowers v. Schlig et al

Filing 9

ORDER GRANTING LEAVE TO PROCEED IN FORMA PAUPERIS. Signed by Judge Jeffrey S. White on 5/1/12. (jjoS, COURT STAFF) (Filed on 5/1/2012)

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1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 7 DONTE LEONARDO FLOWERS, 8 9 10 11 12 ) ) ) Plaintiff, ) ) v. ) ) T. SCHLIG, et al., ) ) Defendants. __________________________________ ) No. C 12-1748 JSW (PR) ORDER GRANTING LEAVE TO PROCEED IN FORMA PAUPERIS (Docket No. 2) 13 Plaintiff's application for leave to proceed in forma pauperis under 28 U.S.C. 14 § 1915 is GRANTED. The total filing fee due is $350.00. No initial partial filing fee is 15 due at this time. See 28 U.S.C. § 1915(b)(1). Funds for the filing fee will be collected 16 pursuant to the instructions outlined below. A copy of this order and the attached 17 instructions will be sent to the Plaintiff, the prison trust account office, and the Court’s 18 financial office. 19 This order terminates Docket No. 2. 20 IT IS SO ORDERED. 21 DATED: May 1, 2012 22 23 24 25 26 27 28 JEFFREY S. WHITE United States District Judge 1 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 2 3 INSTRUCTIONS FOR PAYMENT OF PRISONER'S FILING FEE 4 The prisoner shown as the plaintiff or petitioner on the attached order has filed a civil action in 5forma 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: 6 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 7 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 8 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 9 the filing of the complaint/petition. 10 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 11 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. 12 13If 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 the balance 14forward each month until the amount is fully paid. 15If 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 for each case 16in which it receives an order granting in forma pauperis and these instructions. 17The 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 made 18payable 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 cc: Plaintiff/Petitioner Finance Office 20 21 22 23 24 25 26 27 28 1 UNITED STATES DISTRICT COURT 2 FOR THE 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 DONTE L. FLOWERS, Case Number: CV12-01748 JSW Plaintiff, CERTIFICATE OF SERVICE 6 7 v. 8 T SCHLIG et al, 9 Defendant. 10 11 12 13 14 / 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 May 1, 2012, 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. 15 16 19 Donte L Flowers V-36182 aka Leonardo Donte SALINAS VALLEY STATE PRISON (1020) P.O. BOX 1020 SOLEDAD, CA 93960 20 Dated: May 1, 2012 17 18 21 Richard W. Wieking, Clerk By: Jennifer Ottolini, Deputy Clerk 22 23 24 25 26 27 28 3

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