Kaneakua v. Derr et al

Filing 6

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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Case 1:22-cv-00201-DKW-WRP Document 6 Filed 05/10/22 Page 1 of 3 PageID #: 36 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII ELIJAH MALUHIA KANEAKUA, #10286-022, Plaintiff, vs. CIVIL NO. 22-00201 DKW-WRP ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS BY A PRISONER ESTELA DERR, et al., Defendants. 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 Case 1:22-cv-00201-DKW-WRP Document 6 Filed 05/10/22 Page 2 of 3 PageID #: 37 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. 2 Case 1:22-cv-00201-DKW-WRP Document 6 Filed 05/10/22 Page 3 of 3 PageID #: 38 (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 3

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