Free Order on Motion for Leave to Proceed in forma pauperis - District Court of California - California

Case 3:08-cv-03942-WHA

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Filed 08/25/2008

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1 2 3 4 5 6 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 10 DAVE P. BRUTON, Plaintiff, v. CONTRA COSTA COUNTY SHERIFF, Defendant. 15 16 Plaintiff's application for permission to proceed in forma pauperis (document number 2 17 on the docket) is GRANTED. The total filing fee that ultimately will be due is $350.00. In 18 view of plaintiff's income and account balance over the last six months, plaintiff shall pay an 19 initial partial filing fee of $12.32 within thirty days of the date this order is entered (the date 20 the clerk has stamped above). See 28 U.S.C. 1915(b)(1). If he does not do so the case will be 21 dismissed. 22 account in accordance with 28 U.S.C. § 1915(b)(2). A copy of this order and the attached 23 instructions will be sent to the plaintiff, the prisoner trust account office at the Contra Costa 24 County Jail, and the court's financial office. 25 IT IS SO ORDERED. 26 Dated: August 27 28
G:\PRO-SE\WHA\CR.08\BRUTON3942.IFP.wpd

IN THE UNITED STATES DISTRICT COURT

No. C 08-3942 WHA (PR) GRANT OF IN FORMA PAUPERIS STATUS

United States District Court

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For the Northern District of California

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Funds for the remainder of the filing fee will be taken from income to plaintiff's

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, 2008.

WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

Case 3:08-cv-03942-WHA

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Filed 08/25/2008

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1 2 3 4 5 6 7 8 9 10 The initial partial filing fee listed on the attached order should be deducted by the prison trust account office from the prisoner's trust account and forwarded to the clerk of the court as the first installment payment on the filing fee. This amount is twenty percent of the greater of (a) the average monthly deposits to the prisoner's account for the 6-month period immediately preceding the filing of the complaint/petition or (b) the average monthly balance in the prisoner's account for the 6-month period immediately preceding the filing of the complaint/petition. Thereafter, on a monthly basis, 20 percent of the preceding month's income credited to the prisoner's trust account should be deducted and forwarded to the court each time the amount in the account exceeds ten dollars ($10.00). The prison trust account office should continue to do this until the filing fee has been paid in full. If the prisoner does not have sufficient funds in his/her account to pay the initial partial filing fee, the prison trust account office should forward the available funds, and carry the balance forward each month until the amount is fully paid. If the prisoner has filed more than one complaint, (s)he is required to pay a filing fee for each case. The trust account office should make the monthly calculations and payments for each case in which it receives an order granting in forma pauperis and these instructions. The prisoner's name and case number must be noted on each remittance. The initial partial filing fee is due within thirty days of the date of the attached order. Checks should be made payable to Clerk, U.S. District Court and sent to Prisoner Accounts Receivable, U.S. District Court, 450 Golden Gate Avenue, Box 36060, San Francisco, CA 94102. cc: 23 24 25 26 27 28 2 Plaintiff/Petitioner Finance Office The prisoner shown as the plaintiff or petitioner on the attached order has filed a civil action in forma pauperis in this court and owes to the court a filing fee. Pursuant to 28 U.S.C. § 1915, the fee is to be paid as follows: INSTRUCTIONS FOR PAYMENT OF PRISONER'S FILING FEE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court

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For the Northern District of California

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Case 3:08-cv-03942-WHA

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Filed 08/25/2008

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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

DAVE P BRUTON, Plaintiff, v. CONTRA COSTA COUNTY, Defendant. /

Case Number: CV08-03942 WHA CERTIFICATE OF SERVICE

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on August 25, 2008, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office.

Dave P. Bruton #2007-008­11 Contra Costa County Jail 1000 Ward St. Martinez, CA 94553 Prisoner Trust Account Office Contra Costa County Jail 1000 Ward St. Martinez, CA 94553 Court's Financial Office Dated: August 25, 2008 Richard W. Wieking, Clerk By: D. Toland, Deputy Clerk