Carter v. Bank of Hawaii President et al

Filing 3

ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS BY A PRISONER re 2 - Signed by CHIEF JUDGE DERRICK K. WATSON on 5/19/2023. (eta)COURT'S CERTIFICATE OF SERVICE - Samuel Carter has been served by Fir st Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on May 19, 2023. Additionally, the order has been served by First Class Mail to the Warden and Financial Office of Oahu Community Correctional Center at Oahu Com munity Correctional Center, 2199 Kamehameha Hwy, Honolulu, HI 96819 on May 19, 2023. DPS Litigation Coordinators Shelley Nobriga Harrington, Esq., Laurie Nadamoto, Esq. and the Financial Department for the District of Hawaii received this order electronically on May 19, 2023.

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
SAMUEL CARTER,
#A0247045,
Plaintiff,
vs.

CIVIL NO. 23-00215 DKW-KJM
ORDER GRANTING APPLICATION
TO PROCEED IN FORMA
PAUPERIS BY A PRISONER

BANK OF HAWAII PRESIDENT, et
al.,
Defendants.

Before the Court is an Application to Proceed In Forma Pauperis by a
Prisoner filed by pro se Plaintiff Samuel Carter.1 ECF No. 2. In his IFP
Application, Plaintiff states that he is not employed as a prisoner at the Oahu
Community Correctional Center. Id. at 1. Plaintiff also states that he has no assets
other than $875.49 in a Bank of Hawaii savings account. Id. A prison official
certified that Plaintiff has no money on account at OCCC and that his average
monthly balance during the last six months was $1.19. Id. at 2. The prison official
further certified that Plaintiff’s average monthly deposits during the last six months

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Carter is currently incarcerated at the Oahu Community Correctional Center. See VINE,
https://vinelink.vineapps.com/search/HI/Person (select “ID Number”; enter “A0247045”; and
select “Search”) (last visited May 17, 2023).

totaled $0. Id. Based on the information currently before the Court, therefore,
Plaintiff qualifies as a pauper, and his IFP Application is GRANTED. See
28 U.S.C. § 1915(a)(1); see Escobedo v. Applebees, 787 F.3d 1226, 1234 (9th Cir.
2015) (stating that “[o]ne need not be absolutely destitute to obtain benefits of the
in forma pauperis statute” (internal quotation marks and citation omitted)).
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
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 Hawaii Department of Public Safety or its designee the Warden of
the Oahu Community Correctional Center 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, 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
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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 SHALL serve a copy of this order on Plaintiff, the Oahu
Community Correctional Center Warden and Financial Office, Laurie Nadamoto,
Esq., and Shelley Nobriga Harrington, Esq., Department of Public Safety
Litigation Coordinators, and submit a copy of this order to the District of Hawaii’s
Financial Department.
IT IS SO ORDERED.
DATED: May 19, 2023 at Honolulu, Hawaiʻi.
/s/ Derrick K. Watson
_______________________________
Derrick K. Watson
Chief United States District Judge

Samuel Carter v. Bank of Hawaii President; Civil No. 23-00215 DKW-KJM;
ORDER GRANTING APPLICATION TO PROCEED IN FORMA
PAUPERIS BY A PRISONER

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