Cole v. Sisto

Full title: WALTER LEE COLE, Plaintiff, v. D.K. SISTO, et al., Defendants

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

Date published: Jan 16, 2008

No. CIV S-08-0105-LKK-CMK-P (E.D. Cal. Jan. 16, 2008)

Opinion

No. CIV S-08-0105-LKK-CMK-P.

January 16, 2008

ORDER

CRAIG KELLISON, Magistrate Judge

To: The California Department of Corrections and Rehabilitation 1515 S Street, Sacramento, California 95814: Plaintiff, a state prisoner proceeding pro se and in forma pauperis, is obligated to pay the full statutory filing fee for this action. Plaintiff will be obligated to make monthly payments in the amount of twenty percent of the preceding month's income credited to plaintiff's trust account. The agency referenced above is required to send to the Clerk of the Court payments from plaintiff's prison trust account each time the amount in the account exceeds $10.00, until the statutory filing fee of $350.00 is paid in full. See 28 U.S.C. § 1915(b)(2).

Good cause appearing therefor, IT IS HEREBY ORDERED that:

1. The director of the agency referenced above, or a designee, shall collect from plaintiff's prison trust account the filing fee by collecting monthly payments from plaintiff's prison trust account in an amount equal to twenty percent (20%) of the preceding month's income credited to the prisoner's trust account and forwarding 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), such payments to be clearly identified by the name and number assigned to this action;

2. 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 to the address shown above; and

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

APPLICATION TO PROCEED IN FORMA PAUPERIS BY A PRISONER

I, WALTER LEE COLE, declare that I am the plaintiff in the above-entitled proceeding; that, in support of my request to proceed without prepayment of fees under 28 U.S.C. section 1915, I declare that I am unable to pay the fees for these proceedings or give security therefor and that I am entitled to the relief sought in the complaint.

In support of this application, I answer the following questions under penalty of perjury: CSP/SOLAND Have the institution fill out the Certificate portion of this application and attach a certified copy of your prison trust account statement showing transactions for the past six months.

1. Are you currently incarcerated: Yes ___ No (If "no" DO NOT USE THIS FORM) If "yes" state the place of your incarceration. _____________ 2. Are you currently employed (includes prison employment)? ___ Yes No a. If the answer is "yes" state the amount of your pay. ___________________ b. If the answer is "no" state the date of your last employment, the amount of your take-home salary or wages and pay period, and the name and address of your last employer. 3. Have you received any money from the following sources over the last twelve months? a. Business, profession or other self-employment ___ Yes No b. Rent payments, interest or dividends ___ Yes No c. Pensions, annuities or life insurance payments ___ Yes No d. Disability or workers compensation payments ___ Yes No e. Gifts or inheritances ___ Yes No f. Any other sources ___ Yes No If the answer to any of the above is "yes" describe by that item each source of money. Also state the amount received and what you expect you will continue to receive. Please attach an additional sheet if necessary. 4. Do you have cash (includes balance of checking or savings accounts)? ___ Yes No If "yes" state the total amount: _____________________ 5. Do you own any real estate, stocks, bonds, securities, other financial instruments, automobiles or other valuable property? ___ Yes No If "yes" describe the property and state its value: ______________________________ 6. Do you have any other assets? ___ Yes No If "yes" list the asset(s) and state the value of each asset listed: 7. List all persons dependent on you for support, stating your relationship to each person listed and how much you contribute to their support. * NoNe * I hereby authorize the agency having custody of me to collect from my trust account and forward to the Clerk of the United States District Court payments in accordance with 28 U.S.C. § 1915(b)(2). _______________ ______________________________________________ DATE SIGNATURE OF APPLICANT

CERTIFICATE (To be completed by the institution of incarceration)

I certify that the applicant named herein has the sum of $0.00 ___ on account to his/her credit atCSP-SOLAND _____________ (name of institution). I further certify that during the past six months the applicant's average monthly balance was $0.00 ___. I further certify that during the past six months the average of monthly deposits to the applicant's account was $0.00 ___.

(Please attach a certified copy of the applicant's trust account statement showing transactions for the past six months.)C\O None

_______________ ___________________________________ DATE SIGNATURE OF AUTHORIZED OFFICER CALIFORNIA DEPARTMENT OF CORRECTIONS CALIFORNIA STATE PRISON SOLANO INMATE TRUST ACCOUNTING SYSTEM INMATE TRUST ACCOUNT STATEMENT FOR THE PERIOD: APR. 01, 2007 THRU JUL. 09, 2007 ACCOUNT NUMBER : C74544 BED/CELL NUMBER: S209T2000000228L ACCOUNT NAME : COLE, WALTER LEE ACCOUNT TYPE: I PRIVILEGE GROUP: D TRUST ACCOUNT ACTIVITY TRAN DATE CODE DESCRIPTION COMMENT CHECK NUM DEPOSITS WITHDRAWALS BALANCE 04/01/2007 BEGINNING BALANCE 4.25 05/10 D300 CASH DEPOSIT 7706-4143 40.00 44.25 05/23 W512 LEGAL POSTAGE 4346-LEGAL 1.82 42.43 06/11 W512 LEGAL POSTAGE 4635-LEGAL 0.41 42.02 06/13 FC02 DRAW-FAC 2 4663-ADSEG 40.00 2.02 06/25 W512 LEGAL POSTAGE 4814-LEGAL 0.41 1.61 CURRENT HOLDS IN EFFECT DATE HOLD PLACED CODE DESCRIPTION COMMENT HOLD AMOUNT 06/26/2007 H118 LEGAL COPIES HOLD 4842-L/CPY 10.50 06/28/2007 H118 LEGAL COPIES HOLD 4883-L/CPY 6.00 TRUST ACCOUNT SUMMARY BEGINNING TOTAL TOTAL CURRENT HOLDS TRANSACTIONS BALANCE DEPOSITS WITHDRAWALS BALANCE BALANCE TO BE POSTED 4.25 40.00 42.64 1.61 16.50 0.00 CURRENT AVAILABLE BALANCE 14.89- CALIFORNIA DEPARTMENT OF CORRECTIONS CALIFORNIA STATE PRISON SOLANO INMATE TRUST ACCOUNTING SYSTEM INMATE TRUST ACCOUNT STATEMENT FOR THE PERIOD: JUL. 01, 2007 THRU OCT. 05, 2007 ACCOUNT NUMBER : C74544 BED/CELL NUMBER: S209T2000000228L ACCOUNT NAME : COLE, WALTER LEE ACCOUNT TYPE: I PRIVILEGE GROUP: D TRUST ACCOUNT ACTIVITY « NO ACCOUNT ACTIVITY FOR THIS PERIOD » CURRENT HOLDS IN EFFECT DATE HOLD PLACED CODE DESCRIPTION COMMENT HOLD AMOUNT 06/26/2007 H118 LEGAL COPIES HOLD 4842-L/CPY 10.50 09/12/2007 H109 LEGAL POSTAGE HOLD 0987-LEGAL 0.58 09/12/2007 H109 LEGAL POSTAGE HOLD 0987-LEGAL 1.14 09/12/2007 H109 LEGAL POSTAGE HOLD 0987-LEGAL 0.58 09/12/2007 H109 LEGAL POSTAGE HOLD 0987-LEGAL 0.82 09/24/2007 H118 LEGAL COPIES HOLD 1126-L/CPY 2.90 09/24/2007 H118 LEGAL COPIES HOLD 1126-L/CPY 10.50 TRUST ACCOUNT SUMMARY BEGINNING TOTAL TOTAL CURRENT HOLDS TRANSACTIONS BALANCE DEPOSITS WITHDRAWALS BALANCE BALANCE TO BE POSTED 1.61 0.00 0.00 1.61 27.02 0.00 CURRENT AVAILABLE BALANCE 25.41- CALIFORNIA DEPARTMENT OF CORRECTIONS CALIFORNIA STATE PRISON SOLANO INMATE TRUST ACCOUNTING SYSTEM INMATE TRUST ACCOUNT STATEMENT FOR THE PERIOD: OCT. 01, 2007 THRU JAN. 07, 2008 ACCOUNT NUMBER : C74544 BED/CELL NUMBER: S209T1000000120L ACCOUNT NAME : COLE, WALTER LEE ACCOUNT TYPE: I PRIVILEGE GROUP: D TRUST ACCOUNT ACTIVITY « NO ACCOUNT ACTIVITY FOR THIS PERIOD » TRUST ACCOUNT SUMMARY BEGINNING TOTAL TOTAL CURRENT HOLDS TRANSACTIONS BALANCE DEPOSITS WITHDRAWALS BALANCE BALANCE TO BE POSTED 1.61 0.00 0.00 1.61 0.00 0.00 CURRENT AVAILABLE BALANCE 1.61