Pennebaker v. Sacramento County Sheriff Free-Staff

Full title: SCOTT MARSHALL PENNEBAKER, Plaintiff, v. SACRAMENTO COUNTY SHERIFF…

Court: United States District Court, Ninth Circuit, California, E.D. California

Date published: Jan 16, 2015

2:14-cv-2147 AC (E.D. Cal. Jan. 16, 2015)

Opinion

SCOTT MARSHALL PENNEBAKER, Plaintiff, v. SACRAMENTO COUNTY SHERIFF FREE-STAFF "MS. KATH" COOK IN KITCHEN, Defendant. No. 2:14-cv-2147 AC United States District Court, Eastern District of California January 16, 2015

          ORDER FOR PAYMENT OF INMATE FILING FEE

          ALLISON CLAIRE, UNITED STATES MAGISTRATE JUDGE

         To: The Sheriff of Sacramento County, Attention: Inmate Trust Account, 651 I Street, Sacramento, California 95814:

         Plaintiff, an inmate at the Sacramento County Jail proceeding in forma pauperis, is obligated to pay the statutory filing fee of $350.00 for this action. Plaintiff is assessed an initial partial filing fee of 20 percent of the greater of (a) the average monthly deposits to plaintiffs trust account; or (b) the average monthly balance in plaintiffs account for the 6-month period immediately preceding the filing of this action. 28 U.S.C. § 1915(b)(1). Upon payment of that initial partial filing fee, plaintiff will be obligated to make monthly payments in the amount of twenty percent of the preceding month's income credited to plaintiffs trust account. The Sacramento County Sheriff is required to send to the Clerk of the Court the initial partial filing fee and thereafter payments from plaintiffs inmate trust account each time the amount in the account exceeds $10.00, until the statutory filing fee of $350.00 is paid in full. 28 U.S.C. § 1915(b)(2).

         Good cause appearing therefore, IT IS HEREBY ORDERED that:

         1. The Sheriff of Sacramento County or a designee shall collect from plaintiffs prison trust account an initial partial filing fee in accordance with the provisions of 28 U.S.C. § 1915(b)(1) as set forth in this order and shall forward the amount to the Clerk of the Court. The payment shall be clearly identified by the name and number assigned to this action.

         2. Thereafter, the Sheriff of Sacramento County or a designee shall collect from plaintiffs inmate trust account monthly payments from plaintiffs inmate trust account in an amount equal to twenty percent (20%) of the preceding month's income credited to the inmate's trust account and forward payments to the Clerk of the Court each time the amount in the account exceeds $10.00 in accordance with 28 U.S.C. § 1915(b)(2), until the $350.00 filing fee for this action has been paid in full. The payments shall be clearly identified by the name and number assigned to this action.

         3. The Clerk of the Court is directed to serve a copy of this order and a copy of plaintiff s signed in forma pauperis affidavit on the Sheriff of Sacramento County, Attention: Inmate Trust Account, 6511 Street, Sacramento, California 95814.

         4. The Clerk of the Court is directed to serve a copy of this order on the Financial Department of the court.