Sims v. Johnston et al

Filing 4

ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS AND DIRECTING INSTITUTION TO CALCULATE, COLLECT, AND FORWARD PAYMENTS by Hon. Mary Alice Theiler. (cc: Plaintiff, WAWD Finance, King County Jail)(ST)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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ERICK LADAL SIMS,
Plaintiff,

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v.
VICTOR JOHNSTON, et al.,
Defendants.

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Case No. C17-0758-RSM-MAT
ORDER GRANTING APPLICATION
TO PROCEED IN FORMA PAUPERIS
AND DIRECTING INSTITUTION TO
CALCULATE, COLLECT, AND
FORWARD PAYMENTS

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Plaintiff is a county prisoner proceeding pro se in this civil rights action. The Court, having

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reviewed plaintiff’s application to proceed in forma pauperis, hereby finds and ORDERS as

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follows:

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(1)

Plaintiff’s declaration indicates that he is unable to afford the Court’s filing fee or

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give security therefore. Accordingly, plaintiff’s application to proceed in forma pauperis (Dkt. 1)

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is GRANTED. As set forth below, an initial partial filing fee will be collected, and plaintiff is

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thereafter required to make monthly payments of 20 percent of the preceding month’s income

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credited to his account until the full amount of the filing fee is satisfied.

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(2)

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

forma pauperis, the agency having custody of the above-named plaintiff is directed to calculate an

ORDER GRANTING APPLICATION TO
PROCEED IN FORMA PAUPERIS - 1

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initial partial filing fee equal to 20 percent of the greater of either: (a) the average monthly deposits

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to the prisoner’s account; or (b) the average monthly balance in the prisoner’s account for the 6-

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month period immediately preceding the date of this Order. The initial partial filing fee should be

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forwarded to the Clerk of Court as soon as practicable.

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

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custody of the prisoner is directed to collect and forward payments equal to 20 percent of the

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prisoner’s preceding month’s income credited to the prisoner’s account. In the event that the

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monthly payment would reduce the prisoner’s account below $10.00, the agency should collect

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and forward only that amount which would reduce the prisoner’s account to the $10.00 level.

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Please note that this $10.00 limit does not apply to the initial partial filing fee described above.

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Finally, the monthly payments should be collected and forwarded to the Court until the entire filing

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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 this Court, and to the agency having custody of plaintiff.
Dated this 7th day of June, 2017.

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A

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Mary Alice Theiler
United States Magistrate Judge

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ORDER GRANTING APPLICATION TO
PROCEED IN FORMA PAUPERIS - 2