Justia Dockets & Filings Ninth Circuit California Eastern District Alvarez v. Department of Corrections and Rehabilitation, et al Filing 11
Alvarez v. Department of Corrections and Rehabilitation, et al
ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Raul Alvarez signed by Magistrate Judge Allison Claire on 6/16/2017. CDCR shall collect an initial partial filing fee and thereafter the balance in monthly payments and forward to the Clerk until the $350.00 filing fee is paid in full. The Clerk is directed to serve this order and copy of plaintiff's IFP on the Director of CDCR. The Clerk shall also serve Financial with a copy of this order. (cc: CDCR, Financial)(Yin, K)
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RAUL ALVAREZ, 12 13 14 15 16 No. 2:15-cv-02290 AC P Plaintiff, v. ORDER FOR PAYMENT OF INMATE FILING FEE DEPARTMENT OF CORRECTIONS AND REHABILITATION, et. al., Defendant. 17 18 To: Director of the California Department of Corrections and Rehabilitation, 1515 S Street, 19 Sacramento, California 95814: 20 Plaintiff, a state prisoner proceeding in forma pauperis, is obligated to pay the statutory 21 filing fee of $350.00 for this action. Plaintiff is assessed an initial partial filing fee of 20 percent 22 of the greater of (a) the average monthly deposits to plaintiff's trust account; or (b) the average 23 monthly balance in plaintiff's account for the 6-month period immediately preceding the filing of 24 this action. 28 U.S.C. § 1915(b)(1). Upon payment of that initial partial filing fee, plaintiff will 25 be obligated to make monthly payments in the amount of twenty percent of the preceding month's 26 income credited to plaintiff's trust account. The California Department of Corrections and 27 Rehabilitation is required to send to the Clerk of the Court the initial partial filing fee and 28 thereafter payments from plaintiff's prison trust account each time the amount in the account 1 1 exceeds $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 Director of the California Department of Corrections and Rehabilitation or a 4 designee shall collect from plaintiff's prison trust account an initial partial filing fee in 5 accordance with the provisions of 28 U.S.C. § 1915(b)(1) as set forth in this order and shall 6 forward the amount to the Clerk of the Court. The payment shall be clearly identified by the 7 name and number assigned to this action. 8 2. Thereafter, the Director of the California Department of Corrections and Rehabilitation 9 or a designee shall collect from plaintiff's prison trust account monthly payments from plaintiff's 10 prison trust account in an amount equal to twenty percent (20%) of the preceding month's income 11 credited to the prisoner's trust account and forward payments to the Clerk of the Court each time 12 the amount in the account exceeds $10.00 in accordance with 28 U.S.C. § 1915(b)(2), until the 13 $350.00 filing fee for this action has been paid in full. The payments shall be clearly identified 14 by the name and number assigned to this action. 15 3. The Clerk of the Court is directed to serve a copy of this order and a copy of plaintiff's 16 signed in forma pauperis affidavit on the Director, California Department of Corrections and 17 Rehabilitation, 1515 S Street, Sacramento, California 95814. 18 4. The Clerk of the Court is directed to serve a copy of this order on the Financial 19 Department of the court. 20 DATED: June 16, 2017 21 22 23 24 25 26 27 28 2