Freeman v. Borbeian et al

Filing 12

ORDER by Judge James Donato granting 4 Motion for Extension of Time to File; granting 6 Motion for Leave to Proceed in forma pauperis. (lrcS, COURT STAFF) (Filed on 6/6/2016)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 RON FREEMAN, Plaintiff, 8 9 10 United States District Court Northern District of California 11 Case No. 16-cv-01848-JD ORDER GRANTING LEAVE TO PROCEED IN FORMA PAUPERIS v. ED BORBEIAN, et al., Re: Dkt. Nos. 4, 6 Defendants. 12 13 Plaintiff’s motion for an extension to file documents (Docket No. 4) is GRANTED and the application to proceed in forma pauperis (Docket No. 6) is deemed timely filed and is 14 GRANTED. The total filing fee that ultimately will be due is $350.00. Plaintiff will not be 15 assessed an initial filing fee. Funds for filing fee will be taken from income to plaintiff’s account 16 in accordance with 28 U.S.C. § 1915(B)(1). A copy of this order and the attached instructions will 17 be sent to the plaintiff, the prison trust account office, and the Court’s financial office. 18 19 IT IS SO ORDERED. Dated: June 6, 2016 20 21 22 23 24 25 26 27 28 JAMES DONATO United States District Judge 1 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 2 INSTRUCTIONS FOR PAYMENT OF PRISONER’S FILING FEE 3 4 5 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: 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. 6 7 8 9 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 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. United States District Court Northern District of California 11 12 13 14 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 the balance forward each month until the amount is fully paid. 15 16 17 18 19 20 21 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 for each case in which it receives an order granting in forma pauperis and these instructions. 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 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. cc: Plaintiff/Petitioner Finance Office 22 23 24 25 26 27 28 2 1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 RON FREEMAN, Case No. 16-cv-01848-JD Plaintiff, 5 v. CERTIFICATE OF SERVICE 6 7 ED BORBEIAN, et al., Defendants. 8 9 10 United States District Court Northern District of California 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 June 6, 2016, 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 17 Ron Freeman ID: 0144493 Marin County Jail 13 Peter Behr Drive San Rafael, CA 94903 18 19 20 Prison Trust Account Office Ron Freeman ID: 0144493 Marin County Jail 13 Peter Behr Drive San Rafael, CA 94903 21 22 Dated: June 6, 2016 23 24 Susan Y. Soong Clerk, United States District Court 25 26 27 28 By:________________________ LISA R. CLARK, Deputy Clerk to the Honorable JAMES DONATO 3

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