Jayne v. Van Buskirk, et al.

Filing 8

ORDER DIRECTING MONTHLY PAYMENTS be made from prison account of plaintiff Mike Jayne signed by Magistrate Judge Kendall J. Newman on 6/21/2011. Sheriff for County of Shasta shall collect initial partial filing fee and monthly payments from trust account until filing fee is paid in full. Clerk directed to serve copy of Order on Financial Department and Shasta County Sheriff (w/copy of IFP Application). (Marciel, M)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MIKE JAYNE, 11 12 13 14 Plaintiff, No. 2: 11-cv-1448 GEB KJNP vs. DONALD VAN BUSKIRK, et al., Defendants. 15 ORDER FOR PAYMENT / OF INMATE FILING FEE 16 To: The Sheriff of Shasta County, Attention: Inmate Trust Account, 1525 Court Street, 17 Redding, California 96001: 18 Plaintiff, a state prisoner proceeding without counsel and in forma pauperis, is 19 obligated to pay the statutory filing fee of $350.00 for this action. Plaintiff is assessed an initial 20 partial filing fee of 20 percent of the greater of: (a) the average monthly deposits to plaintiff's 21 trust account; or (b) the average monthly balance in plaintiff's account for the 6-month period 22 immediately preceding the filing of this action. 28 U.S.C. § 1915(b)(1). Upon payment of that 23 initial partial filing fee, plaintiff will be obligated to make monthly payments in the amount of 24 twenty percent of the preceding month’s income credited to plaintiff’s trust account. The Shasta 25 County Sheriff is required to send to the Clerk of the Court the initial partial filing fee and 26 thereafter payments from plaintiff’s trust account each time the amount in the account exceeds 1 1 $10.00, until the statutory filing fee of $350.00 is paid in full. 28 U.S.C. § 1915(b)(2). 2 Good cause appearing therefore, IT IS HEREBY ORDERED that: 3 1. The Shasta County Sheriff or a designee shall collect from plaintiff’s inmate 4 trust account an initial partial filing fee in accordance with the provisions of 28 U.S.C. 5 § 1915(b)(1) as set forth in this order and shall forward the amount to the Clerk of the Court. 6 The payment shall be clearly identified by the name and number assigned to this action. 7 2. Thereafter, the Shasta County Sheriff or a designee shall collect from plaintiff's 8 inmate trust account monthly payments from plaintiff's inmate trust account in an amount equal 9 to twenty percent (20%) of the preceding month's income credited to the prisoner’s trust account 10 and forward payments to the Clerk of the Court each time the amount in the account exceeds 11 $10.00 in accordance with 28 U.S.C. § 1915(b)(2), until the $350.00 filing fee for this action has 12 been paid in full. The payments shall be clearly identified by the name and number assigned to 13 this action. 14 3. The Clerk of the Court is directed to serve a copy of this order on the Financial 15 Department of the court. 16 DATED: June 21, 2011 17 18 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 19 20 ja1448.cdc 21 22 23 24 25 26 2

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