Pierce v. San Mateo County
Filing
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ORDER GRANTING 5 MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS. Signed by Judge Edward J. Davila on 12/6/2012. (ecg, COURT STAFF) (Filed on 12/7/2012)
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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 12-05362 EJD (PR)
RANDALL PIERCE,
ORDER GRANTING MOTION FOR
LEAVE TO PROCEED IN FORMA
PAUPERIS
Plaintiff,
v.
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SAN MATEO COUNTY,
Defendant.
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(Docket No. 5)
/
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Plaintiff’s motion to proceed in forma pauperis, is GRANTED. The total filing fee
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that ultimately will be due is $350.00. Due to the lack of funds in Plaintiff’s account, no
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initial fee is due at this time. Funds for the filing fee will be taken from income to Plaintiff’s
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account in accordance with 28 U.S.C. § 1915(B)(1). A copy of this Order and the attached
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instructions will be sent to Plaintiff, the prison’s trust account office, and the Court’s
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financial office.
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This order terminates Docket No. 5.
DATED:
12/6/2012
EDWARD J. DAVILA
United States District Judge
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. §
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
time the amount in the account exceeds ten dollars ($10.00). The prison trust account
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office should continue to d
o this until the filing fee has been paid in full.
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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
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
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
be made payable to Clerk, U.S. District Court and sent to Prisoner Accounts Receivable, U.S.
19 District Court, 450 Golden Gate Avenue, Box 36060, San Francisco, CA 94102.
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cc:
Plaintiff
Finance Office
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Order Granting Motion to Proceed IFP
05362Pierce_grant-ifp.wpd
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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA
RANDALL PIERCE,
Case Number: CV12-05362 EJD
Plaintiff,
CERTIFICATE OF SERVICE
v.
SAN MATEO COUNTY et al,
Defendant.
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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.
That on December 7, 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.
Randall Pierce 1082515
Maguire Correctional
300 Bradford Street
Redwood City, CA 94063
Trust Fund Account
Maguire Correctional
300 Bradford Street
Redwood City, CA 94063
Finance Department
450 Golden Gate Ave, 16th Floor,
San Francisco, CA 94102
Dated: December 7, 2012
Richard W. Wieking, Clerk
/s/ By: Elizabeth Garcia, Deputy Clerk
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