Kidd v. Powell et al

Filing 8

ORDER OF SERVICE; DIRECTING DEFENDANTS TO FILE DISPOSITIVE MOTION OR NOTICE REGARDING SUCH MOTION; INSTRUCTIONS TO CLERK. The Clerk of the Court shall mail a Notice of Lawsuit and Request for Waiver of Service of Summons, two copies of the Waiver of Service of Summons, a copy of the complaint, all attachments thereto, and a copy of this order upon Defendants B. Powell, R. Carrasco, J. Martin, I.S.U. Officer Wilson, J. Ruiz, Officer Meyer, G. Gudino and Nurse Crosser at Salinas Valley State Pris on, (P.O. Box 1020, Soledad, CA 93960-1020). The Clerk of the Court shall also mail a courtesy copy of the complaint and a copy of this Order to the California Attorney General's Office. Additionally, the Clerk shall mail a copy of this Order to Plaintiff. Signed by Judge Edward J. Davila on 2/2/2012. (ecg, COURT STAFF) (Filed on 2/3/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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No. C 11-04260 EJD (PR)

ALFRED R. KIDD,

ORDER GRANTING MOTION FOR
LEAVE TO PROCEED IN FORMA
PAUPERIS

Plaintiff,
vs.

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B. POWELL, et al.,
Defendants.

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(Docket No. 2)

Plaintiff’s motion to proceed in forma pauperis (Docket No. 2) is GRANTED. The

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total filing fee that ultimately will be due is $350.00. The initial partial filing fee due at this

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time is $ 8.37, and shall be paid within thirty (30) days from the date this order is filed.

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Funds for the filing fee will be taken from income to Plaintiff’s account in accordance with

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28 U.S.C. § 1915(B)(1). A copy of this Order and the attached instructions will be sent to

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Plaintiff, the prison’s trust account office, and the Court’s financial office.

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This order terminates Docket No. 2.

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DATED:

February 2, 2012

EDWARD J. DAVILA
United States District Judge

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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 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. §
6 1915, 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.

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United States District Court
For the Northern District of California

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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
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time the amount in the account exceeds ten dollars ($10.00). The prison trust account
office should continue to d
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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
15 forward each month until the amount is fully paid.
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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
17 case in which it receives an order granting in forma pauperis and these instructions.
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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
19 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.
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cc:
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Plaintiff
Finance Office

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Order Granting Motion to Proceed IFP
G:\PRO-SE\SJ.EJD\CR.11\04260Kidd_grant-ifp.wpd

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

ALFRED R. KIDD,

Case Number: CV11-04260 EJD

Plaintiff,

CERTIFICATE OF SERVICE

v.
B. POWELL, et al.,
Defendants.

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
2/2/2012
That on
, 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.

Alfred R. Kidd K-55068
Mule Creek State Prison
P. O. Box 409099
Ione, CA 95640-0066
Dated:

2/2/2012
Richard W. Wieking, Clerk
/s/ Elizabeth Garcia, Deputy Clerk
By: