Pete v. King County

Filing 4

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, King County Jail)(ST)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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8 LARIS PETE,

Plaintiff,

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v.

11 KING COUNTY,
Defendant.

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Case No. C17-909-RAJ-BAT
ORDER GRANTING
APPLICATION TO PROCEED IN
FORMA PAUPERIS AND
DIRECTING INSTITUTION TO
CALCULATE, COLLECT AND
FORWARD PAYMENTS

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Plaintiff, who is currently incarcerated, is proceeding pro se in this civil rights action.
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The Court has reviewed plaintiff’s application to proceed in forma pauperis and ORDERS:
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(1)

Plaintiff’s application to proceed in forma pauperis (Dkt. 3) is GRANTED. As

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set forth below, an initial partial filing fee will be collected, and thereafter each month
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plaintiff is required to pay 20 percent of the preceding month’s income credited to
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plaintiff’s 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

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forma pauperis, the agency having custody of the above named plaintiff is directed to calculate
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an initial partial filing fee equal to 20 percent of the greater of either: (1) the average monthly
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deposits to the prisoner’s account; or (2) the average monthly balance in the prisoner’s account
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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.
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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.
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(3)

The Clerk shall direct a copy of this Order to plaintiff and to the agency having

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DATED this 23rd day of June, 2017.

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BRIAN A. TSUCHIDA
United States Magistrate Judge

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ORDER GRANTING APPLICATION TO PROCEED IN
FORMA PAUPERIS AND DIRECTING INSTITUTION TO
CALCULATE, COLLECT AND FORWARD PAYMENTS - 2