Kaneakua v. Derr et al
ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS BY A PRISONER re 5 - Signed by JUDGE DERRICK K. WATSON on 5/10/2022. (eta)COURT'S CERTIFICATE OF SERVICE - Elijah M. Kaneakua has been served by Fir st Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on May 10, 2022. The order has been served electronically to the Finance Department for the District of Hawaii. A copy of the order shall be served by First Class Mail to the Federal Bureau of Prisons at 320 First St., NW, Washington, DC 20534 and to the Warden and Financial Office of FDC Honolulu at P. O. Box 30547, Honolulu, HI 96820 on May 10, 2022.
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
ELIJAH MALUHIA KANEAKUA,
CIVIL NO. 22-00201 DKW-WRP
ORDER GRANTING APPLICATION
TO PROCEED IN FORMA
PAUPERIS BY A PRISONER
ESTELA DERR, et al.,
Before the Court is an Application to Proceed In Forma Pauperis by a
Prisoner (“IFP Application”) filed by pro se Plaintiff Elijah Maluhia Kaneakua
(“Kaneakua”). ECF No. 5. Other than earning between $20 and $28 from his
employment at the Federal Detention Center in Honolulu, Hawaii (FDC Honolulu),
Plaintiff states that he has no sources of income, savings, or assets, and he owns no
property. Id. at 1. A prison official certified that Plaintiff has $101.50 on account
and that his average monthly balance during the last six months was $56.41. Id.
Based on the information currently before the Court, therefore, Plaintiff qualifies
as a pauper, and his Application is GRANTED. See 28 U.S.C. § 1915(a)(1).
As a prisoner, Plaintiff is obligated to pay the full filing fee regardless of the
outcome of this suit. See 28 U.S.C. § 1915(b)(1), (e)(2). Plaintiff shall pay an
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initial partial filing fee of 20% of the greater of: (1) the average monthly deposits
to his account; or (2) the average monthly balance in his account for the six-month
period immediately preceding the filing of the Complaint. 28 U.S.C. § 1915(b)(1).
Thereafter, Plaintiff shall make monthly payments equaling 20% of the preceding
month’s income credited to his account, when the amount in his account exceeds
$10.00, until the $350.00 civil filing fee is paid in full. 28 U.S.C. § 1915(b)(2).
IT IS HEREBY ORDERED that:
(1) The Warden of FDC Honolulu, or the Warden’s designee, shall
calculate, collect, and remit to the Clerk of Court an initial partial payment
equaling 20% of Plaintiff’s average monthly balance or average monthly deposits
to his account within the past six months, whichever is greater. Thereafter, the
Warden or designee shall collect monthly payments equaling 20% of Plaintiff’s
preceding month’s income 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.
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(2) The Clerk is directed to serve a copy of this order on Plaintiff, the FDC
Honolulu Warden and Financial Office, and/or the Bureau of Prisons, and submit a
copy of this order to the District of Hawaii’s Financial Department.
IT IS SO ORDERED.
DATED: May 10, 2022 at Honolulu, Hawaii.
/s/ Derrick K. Watson
Derrick K. Watson
United States District Judge
Kaneakua v. Derr; Civil No. 22-00201 DKW-WRP; ORDER GRANTING APPLICATION
TO PROCEED IN FORMA PAUPERIS BY A PRISONER
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