Amaral v. Sequeira et al

Filing 5

ORDER GRANTING 4 IN FORMA PAUPERIS APPLICATION. Signed by JUDGE DERRICK K. WATSON on 4/13/2016. --(1) The Hawaii Department of Public Safety (DPS), Halawa Correctional Facility (HCF) Warden, or designee shall calculate, collect, and r emit to the Clerk of Court an initial partial payment of $44.00 from Plaintiff's account and thereafter remit monthly payments to the court equaling 20% of Plaintiff's preceding month's deposits when the account exceeds � 36;10.00, until the $350.00 filing fee is paid in full. See 28 U.S.C. § 1915(b)(2). These payments must be identified by the name and number assigned to this action. (2) The Clerk is directed to serve a copy of this order on Plaintiff, DPS Director Nolan Espinda, the HCF Warden, and Shelley Nobriga, DPS Litigation Coordination Officer/IIO Hearings Officer, 919 Ala Moana Blvd., #116,Honolulu, Hawaii 96814. The Clerk shall submit a copy of this order to the District of Hawaii's Fin ancial Department. (ecs, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry. Parties served as directed.

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII

DARREN K. AMARAL, #A0747000, )
)
Plaintiff,
)
)
vs.
)
)
FRANCIS X. SEQUEIRA, HALAWA )
CORRECTIONAL FACILITY
)
MEDICAL UNIT STAFF,
)
)
Defendants,
)
_______________________________ )

CIV. NO. 16-00147 DKW/RLP
ORDER GRANTING IN FORMA
PAUPERIS APPLICATION

ORDER GRANTING IN FORMA PAUPERIS APPLICATION
Plaintiff’s in forma pauperis application is GRANTED. See 28 U.S.C.
§ 1915(a). The court has not yet screened the Complaint as required under 28
U.S.C. §§ 1915(e) and 1915A(a). Plaintiff is NOTIFIED that, as a prisoner, he is
obligated to pay the full filing fee regardless of the outcome of this suit or whether
he is later released. See 28 U.S.C. § 1915(b)(1) & (e)(2); see also Putzer v. Attal,
2013 WL 4519351, at *1-2 (D. Nev. Aug. 23, 2013) (holding prisoner remains
liable for full filing fee on release).
Plaintiff shall make an initial partial payment of $44.00, representing 20%
of his average monthly balance for the past six months. 28 U.S.C. § 1915(b)(1).

Thereafter, Plaintiff shall make monthly payments of 20% of the preceding
month’s income credited to his account, when his account balance exceeds $10.00.
28 U.S.C. § 1915(b)(2).
IT IS HEREBY ORDERED that:
(1) The Hawaii Department of Public Safety (DPS), Halawa Correctional
Facility (HCF) Warden, or designee shall calculate, collect, and remit to the Clerk
of Court an initial partial payment of $44.00 from Plaintiff’s account and
thereafter remit monthly payments to the court equaling 20% of Plaintiff’s
preceding month’s deposits when the account exceeds $10.00, until the $350.00
filing fee is paid in full. See 28 U.S.C. § 1915(b)(2). These payments must be
identified by the name and number assigned to this action.
(2) The Clerk is directed to serve a copy of this order on Plaintiff, DPS
Director Nolan Espinda, the HCF Warden, and Shelley Nobriga, DPS Litigation
Coordination Officer/IIO Hearings Officer, 919 Ala Moana Blvd., #116,

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Honolulu, Hawaii 96814. The Clerk shall submit a copy of this order to the
District of Hawaii’s Financial Department.
IT IS SO ORDERED.
DATED: April 13, 2016 at Honolulu, Hawai’i.

/s/ Derrick K. Watson
Derrick K. Watson
United States District Judge

Darren K. Amaral, #A0747000 v. Francis X. Sequeira, et al.; Civil No. 16-00147
DKW-RLP; ORDER GRANTING IN FORMA PAUPERIS APPLICATION

Amaral v. Sequeira, 1:16-cv-00147 DKW-RLP; Order Granting In Forma Pauperis Application; PSA IFP 2016 (Amaral 16-147
DKW);Amaral 16-147 DKW (grt prt no scrn 1983).wpd

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