Steffler v. Williams et al

Filing 13

ORDER - Plaintiff shall advise the Court in writing, within 30 day of the date of this order whether he wishes to proceed in forma pauperis as set forth in § 1915(b). IT IS FURTHERED ORDERED that plaintiff's motion to file an amended motion for preliminary injunction 11 is GRANTED; and plaintiff's original motion for preliminary injunction 3 is DENIED as MOOT. Ordered by Judge Garr M. King. (mja)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON SCOTT BRIAN STEFFLER, Plaintiff, v. MAX WILLIAMS, et al., Defendants. KING, Judge Plaintiff brings this civil rights action complaining about the conditions of his confinement. application to proceed in forma Plaintiff has filed an amended pauperis, together with a CV. 09-16-KI ORDER

declaration in support.

In his declaration, plaintiff indicates

that he received a $700.00 annual check from his Native American Tribe, but requests in forma pauperis status to avoid using those funds to pay the court filing fee. Plaintiff is advised that pursuant to 28 U.S.C. § 1915(b)(1), a prisoner proceeding in forma pauperis nevertheless is required to pay the full filing fee of $350.00 when funds exist. Upon being

granted leave to proceed in forma pauperis, an initial partial

1 - ORDER

filing fee shall be imposed of 20% of the greater of the average monthly deposits, or average monthly balance, in his prison trust account. Thereafter, plaintiff shall be obligated to make monthly 20% of the preceding month's income credited to

payments of

plaintiff's trust account.

These payments shall be collected and

forwarded by the agency having custody of plaintiff to the Clerk of the Court each time the amount in plaintiff's trust account exceeds $10.00, until the filing fee is paid in full. CONCLUSION In light of the foregoing, IT IS ORDERED that plaintiff shall advise the court in writing, within 30 days of the date of this order, whether he wishes to proceed in forma pauperis as set forth in § 1915(b). IT IS FURTHER ORDERED that plaintiff's motion to

file an amended motion for preliminary injunction (#11) is GRANTED; and plaintiff's original motion for preliminary injunction (#3) is DENIED AS MOOT. IT IS SO ORDERED. DATED this 18th day of February, 2009.

/s/ Garr M. King Garr M. King United States District Judge

2 - ORDER