Matter v. Washington Department of Corrections et al

Filing 4

ORDER GRANTING 1 APPLICATION TO PROCEED IN FORMA PAUPERIS AND DIRECTING INSTITUTION TO CALCULATE, COLLECT, AND FORWARD PAYMENTS, signed by Magistrate Judge Karen L Strombom. (GMR- cc: NEF to WA DOC Trust Account Office; hard copy to pltf)

1 2 3 4 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 5 6 7 BERNARD J. MATTER, Plaintiff, 8 9 10 11 12 13 14 v. WASHINGTON DEPARTMENT OF CORRECTIONS, BERNARD WARNER, MARK STERN, G. STEVEN HAMMOND, SUSAN LUCAS, PAT GLEBE, SARA SMITH, NORM GOODENOUGH, CLIFFORD JOHNSON, ELIZABETH SUITER, LARA STRICK, ELIZABETH ESCHBACH, BARBARA CURTIS, CATHERINE BAUM, 15 CASE NO. C13-5213 RBL/KLS ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS Defendants. 16 The Court, having reviewed Plaintiff’s application to proceed in forma pauperis does 17 hereby find and ORDER: 18 Plaintiff’s declaration indicates he is unable to afford the Court’s filing fee or give 19 security therefor. Accordingly, Plaintiff’s application to proceed as a pauper is GRANTED. As 20 set forth below, an initial partial filing fee will be collected, and Plaintiff is required to 21 make monthly payments of 20 percent of the preceding months income credited to his/her 22 account until the full amount of the filing fee is satisfied. 23 24 ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS- 1 1 Pursuant to 28 U.S.C. § 1915 and Plaintiff’s approved application to proceed in forma 2 pauperis, the agency having custody of the above named Plaintiff is directed to calculate an 3 initial partial filing fee equal to 20 percent of greater of -- the average monthly deposits to the 4 prisoner’s account or the average monthly balance in the prisoner’s account for the 6-month 5 period immediately preceding the date of this Order. The initial partial filing fee should be 6 forwarded to the Court Clerk as soon as practicable. 7 Subsequently, if the prisoner’s account exceeds $10.00, each month the agency is 8 directed to collect and forward payments equal to 20 percent of the prisoner’s preceding month’s 9 income credited to the prisoner’s account. In the event that the monthly payment would reduce 10 the prisoner’s account below $10.00, the agency should collect and forward only that amount 11 which would reduce the prisoner’s account to the $10.00 level. Please note that this $10.00 limit 12 does not apply to the initial partial filing fee described above. Finally, the monthly payments 13 should be collected and forwarded to the Court until the entire filing fee ($350.00) for this matter 14 has been paid. 15 The Clerk is directed to send Plaintiff a copy of this Order and the General Order, along 16 with a copy of Plaintiff’s Acknowledgment and Authorization portion of the IFP application to 17 the attention of the inmate account manager of the Stafford Creek Corrections Center, Aberdeen, 18 Washington. 19 Dated this 26th day of March, 2013. 20 A 21 Karen L. Strombom United States Magistrate Judge 22 23 24 ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS- 2