Bailey v. Fairfield Police Department, et al
Filing
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ORDER and ORDER DIRECTING MONTHLY PAYMENTS signed by Magistrate Judge Kendall J. Newman on 11/2/11ORDERING the director of the CDC to collect and forward payment from the prison trust account of Lee James Bailey to the clerk until the balance of 6;350 is paid in full. The clerk is directed to serve a copy of this order and the plaintiff's IFP on the Director of the CDC. The clerk is directed to serve a copy of this order on the financial department of the court. Clerk of Court is direct ed to serve on plaintiff, at his current address, a copy of this courts order 27 ; plaintiff is informed that failure to timely respond to that order, and to file an opposition to defendants pending motion to dismiss, shall result in a recommendation that this action be dismissed. Clerk of Court is directed to update plaintiffs address to Lee James Bailey (CDCR # AK0711), Deuel Vocational Institution, P.O. Box 600, Tracy, CA 95378-0600. (cc Financial, CDC Prisoner Payment Orders )(Dillon, M)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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LEE JAMES BAILEY
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Plaintiff,
No. 2:10-cv-02295 JAM KJN P
vs.
FAIRFIELD POLICE DEPARTMENT,
et al.,
ORDER and ORDER FOR PAYMENT
Defendants.
_________________________________/
OF INMATE FILING FEE
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To: Director of the California Department of Corrections and Rehabilitation, 1515 S Street,
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Sacramento, California 95814:
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Plaintiff is a state prisoner proceeding without counsel and in forma pauperis in
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this civil rights action. On January 19, 2011, this court granted plaintiff’s application to proceed
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in forma pauperis and directed plaintiff’s place of incarceration – at the time, the Solano County
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Jail – to collect from plaintiff’s trust account an initial partial filing fee and monthly payments
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until such time as the fee ($350.00) was paid in full. (See Dkt. No. 8.) On October 28, 2011, the
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Solano County Sheriff’s Office informed this court that plaintiff was transferred on October 24,
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201[1], to an unidentified prison within the California Department of Corrections and
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Rehabilitation (“CDCR”) and, therefore, that Solano County Jail could no longer “garnish the
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income credited to [plaintiff’s] account.” (Dkt. No. 28.) The balance owed on plaintiff’s filing
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fee was not indicated. The court’s review of CDCR’s “inmate locator” website indicates that
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plaintiff is now incarcerated at CDCR’s Deuel Vocational Institution, in Tracy, California.
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This order, in part, directs CDCR to continue payments on plaintiff’s filing fee.
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Plaintiff is obligated to pay the full statutory filing fee of $350.00 for this action. CDCR is
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directed to ascertain the balance remaining on plaintiff’s filing fee, and to commence sending to
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the Clerk of this court payments from plaintiff’s prison trust account each time the amount
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therein exceeds $10.00, until the statutory filing fee of $350.00 is paid in full. 28 U.S.C.
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§ 1915(b)(2).
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Good cause appearing, IT IS HEREBY ORDERED that:
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1. The Director of the California Department of Corrections and Rehabilitation or
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a designee shall collect from plaintiff's prison trust account monthly payments from plaintiff's
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prison trust account in an amount equal to twenty percent (20%) of the preceding month's income
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credited to the prisoner’s trust account, and forward payments to the Clerk of the Court each time
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the amount in the account exceeds $10.00, in accordance with 28 U.S.C. § 1915(b)(2), until the
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$350.00 filing fee for this action has been paid in full. The payments shall be clearly identified
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by the name and number assigned to this action.
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2. The Clerk of Court is directed to serve a copy of this order and a copy of
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plaintiff's signed in forma pauperis affidavit (Dkt. No. 2) on the Director, California Department
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of Corrections and Rehabilitation, 1515 S Street, Sacramento, California 95814.
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3. The Clerk of Court is directed to serve a copy of this order on the Financial
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Department of this court.
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4. In addition, the Clerk of Court is directed to serve on plaintiff, at his
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current address, a copy of this court’s order filed October 20, 2011 (Dkt. No. 27); plaintiff
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is informed that failure to timely respond to that order, and to file an opposition to
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defendants’ pending motion to dismiss, shall result in a recommendation that this action be
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dismissed.
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5. The Clerk of Court is directed to update plaintiff’s address to Lee James Bailey
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(CDCR # AK0711), Deuel Vocational Institution, P.O. Box 600, Tracy, CA 95378-0600.
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DATED: November 2, 2011
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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE
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