Antonetti v. Obama et al

Filing 28

ORDER granting 24 Motion for Reconsideration of the imposition of the $11.04 initial partial filing fee. However, NDOC shall pay to Clerk 20% of the preceding month's deposits to plaintiff's account (in months that account exc eeds $10.00), until full $350 filing fee paid. FURTHER ORDERED all other provisions of this Court's order of July 5, 2012 shall remain in effect.FURTHER ORDERED Clerk of Court shall send copy of this order to Finance Division of the Clerk's Office. Clerk shall also send copy of this order to Chief of Inmate Services. Copies sent 8/21/12. Signed by Magistrate Judge William G. Cobb on 8/21/12. (Copies have been distributed pursuant to the NEF - JC)

1
2
3
4
5
6
7
UNITED STATES DISTRICT COURT
8
DISTRICT OF NEVADA
9
10
JOSEPH ANTONETTI,
11
Plaintiff,
12
vs.
13
BARACK OBAMA, et al.,
14
Defendants.
15

)
)
)
)
)
)
)
)
)
/

3:11-cv-00548-LRH-WGC
ORDER

16
This action is a pro se civil rights action filed pursuant to 42 U.S.C. § 1983 by a state
17
prisoner. On July 5, 2012, this Court entered an order granting plaintiff’s in forma pauperis
18
application, and imposing an initial partial filing fee of $11.04, pursuant to 28 U.S.C. § 1915(b)(1).
19
(ECF No. 23). On July 16, 2012, plaintiff filed a motion for reconsideration of the order imposing
20
the initial partial filing fee. (ECF No. 24). Plaintiff explains that he has no funds in his prison trust
21
account from which to pay an initial partial filing fee. (Id.).
22
Good cause appearing, plaintiff’s motion for reconsideration of the Court’s imposition of the
23
$11.04 initial partial filing fee is granted. However, pursuant to 28 U.S.C. § 1915(b)(2), the Nevada
24
Department of Corrections shall pay to the Clerk of the United States District Court, District of
25
Nevada, 20% of the preceding month’s deposits to plaintiff’s account, in the months that the account
26
exceeds $10.00, until the full $350.00 filing fee has been paid for this action.

1
2
3
4
5

IT IS THEREFORE ORDERED that plaintiff’s motion for reconsideration (ECF No. 24)
of the imposition of the $11.04 initial partial filing fee is GRANTED.
IT IS FURTHER ORDERED that all other provisions of this Court’s order of July 5, 2012
SHALL REMAIN IN EFFECT.
IT IS FURTHER ORDERED that the Clerk of the Court shall SEND a copy of this order

6

to the Finance Division of the Clerk’s Office. The Clerk shall also SEND a copy of this order to the

7

attention of the Chief of Inmate Services for the Nevada Department of Corrections, P.O. Box 7011,

8

Carson City, NV 89702.

9

Dated this 21st day of August, 2012.
Dated this ______ day of August, 2012.

10
11
UNITED STATES MAGISTRATE JUDGE
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26

2