Cress v. Snohomish County Superior Court et al

Filing 5

ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS AND DIRECTING INSTITUTION TO CALCULATE, COLLECT, AND FORWARD PAYMENTS by Hon. Brian A Tsuchida. (cc: Plaintiff, WAWD Finance, Snohomish County Corrections)(ST)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 TED L. CRESS, Plaintiff, 9 10 v. Case No. C17-420 RSL-BAT ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS AND DIRECTING INSTITUTION TO CALCULATE, COLLECT AND FORWARD PAYMENTS 11 SNOHOMISH COUNTY SUPERIOR COURT, et al., 12 Defendants. 13 Plaintiff, who is currently incarcerated, is proceeding pro se in this civil rights action. 14 The Court has reviewed plaintiff’s application to proceed in forma pauperis and ORDERS: 15 (1) Plaintiff’s application to proceed in forma pauperis (Dkt. 4) is GRANTED. As 16 set forth below, an initial partial filing fee will be collected, and thereafter each month 17 plaintiff is required to pay 20 percent of the preceding month’s income credited to 18 plaintiff’s account until the full amount of the filing fee is satisfied. 19 (2) Pursuant to 28 U.S.C. § 1915 and plaintiff’s approved application to proceed in 20 forma pauperis, the agency having custody of the above named plaintiff is directed to calculate 21 an initial partial filing fee equal to 20 percent of the greater of either: (1) the average monthly 22 deposits to the prisoner’s account; or (2) the average monthly balance in the prisoner’s account 23 ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS AND DIRECTING INSTITUTION TO CALCULATE, COLLECT AND FORWARD PAYMENTS - 1 1 for the 6-month period immediately preceding the date of this Order. The initial partial filing fee 2 should be forwarded to the court clerk as soon as practicable. 3 Subsequently, if the prisoner’s account exceeds $10.00, each month the agency having 4 custody of the prisoner is directed to collect and forward payments equal to 20 percent of the 5 prisoner’s preceding month’s income credited to the prisoner’s account. In the event that the 6 monthly payment would reduce the prisoner’s account below $10.00, the agency should collect 7 and forward only that amount which would reduce the prisoner’s account to the $10.00 level. 8 Finally, the monthly payments should be collected and forwarded to the court until the entire 9 filing fee ($350.00) for this matter has been paid. 10 (3) The Clerk shall direct a copy of this Order to plaintiff and to the agency having 11 custody of the plaintiff. 12 13 14 DATED this 6th day of April, 2017. A BRIAN A. TSUCHIDA United States Magistrate Judge 15 16 17 18 19 20 21 22 23 ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS AND DIRECTING INSTITUTION TO CALCULATE, COLLECT AND FORWARD PAYMENTS - 2

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