Wells v. Maes et al

Filing 3

ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS AND DIRECTING INSTITUTION TO CALCULATE, COLLECT, AND FORWARD PAYMENTS by Hon. James P. Donohue. (cc: Plaintiff, WAWD Finance, Coyote Ridge Corrections Center)**2 PAGE(S), PRINT ALL**(Thomas Wells, Prisoner ID: 379880)(ST)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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THOMAS JAMES WELLS III,
Plaintiff,

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v.
V. MAES #5065 Washington State D.O.C.
Community Custody Corrections Officer of
Downtown Seattle, and F. REYES #7428
Washington State D.O.C. Community
Custody Corrections Officer of Downtown
Seattle,

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Case No. C17-473-JCC-JPD
ORDER GRANTING APPLICATION
TO PROCEED IN FORMA PAUPERIS
AND DIRECTING INSTITUTION TO
CALCULATE, COLLECT, AND
FORWARD PAYMENTS

Defendants.

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Plaintiff has filed an application to proceed in forma pauperis (“IFP”) in the above-

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entitled § 1983 action. Dkt. 1. After careful consideration of the application and supporting

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materials, the Court ORDERS as follows:

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(1)

Plaintiff’s application to proceed IFP, Dkt. 1, is GRANTED. As set forth

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below, an initial partial filing fee will be collected, and thereafter each month plaintiff is

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required to pay twenty (20) percent of the preceding month’s income credited to his account

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until the full amount of the filing fee is satisfied.

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ORDER- 1

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(2)

Pursuant to 28 U.S.C. § 1915 and plaintiff’s approved application to proceed

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IFP, the institution having custody of the above-named plaintiff is directed to calculate an

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initial partial filing fee equal to twenty (20) percent of the greater of either: (1) the average

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monthly deposits to the prisoner’s account; or (2) the average monthly balance in the prisoner’s

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account for the six-month period immediately preceding the date of this Order. The initial

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partial filing fee should be forwarded to the Clerk as soon as practicable.

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Subsequently, if the prisoner’s account exceeds $10.00, each month the financial

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officer of the correctional facility is directed to collect and forward payments equal to twenty

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(20) percent of the prisoner’s preceding month’s income credited to the prisoner’s account. In

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the event that the monthly payment would reduce the prisoner’s account below $10.00, the

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financial officer should collect and forward only that amount which would reduce the

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prisoner’s account to the $10.00 level. This $10.00 limit does not apply to the initial partial

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filing fee described above. Finally, the monthly payments should be collected and forwarded

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to the Court until the entire filing fee ($350.00) for this matter has been paid.

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(3)

The Clerk is directed to send a copy of this order to plaintiff, to the financial

officer of the Court, and to the financial officer of the correctional facility.
DATED this 7th day of April, 2017.

A

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JAMES P. DONOHUE
Chief United States Magistrate Judge

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ORDER- 2