Bryant v. King County Correctional Facility

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, Washington State Penitentiary)**2 PAGE(S), PRINT ALL**(Mickey Bryant, Prisoner ID: 754329)(ST)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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MICKEY ALONZO BRYANT,
Plaintiff,

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v.
KING COUNTY CORRECTIONAL
FACILITY,

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CASE NO. C17-1153-JLR-MAT
ORDER GRANTING APPLICATION TO
PROCEED IN FORMA PAUPERIS AND
DIRECTING INSTITUTION TO
CALCULATE, COLLECT, AND
FORWARD PAYMENTS

Defendant.
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Plaintiff filed an application to proceed in forma pauperis (IFP) in this 42 U.S.C. § 1983
action. Having reviewed that application, the Court finds and ORDERS:
(1)

Plaintiff’s application indicates he is unable to afford the Court’s filing fee or give

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security therefor. Accordingly, plaintiff’s application to proceed IFP 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 20 percent of the preceding month’s income credited to his account until the

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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 IFP,

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the institution having custody of the above-named plaintiff is directed to calculate an initial partial

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filing fee equal to 20 percent of the greater of either: (1) the average monthly deposits to the
ORDER GRANTING APPLICATION TO
PROCEED IN FORMA PAUPERIS
PAGE - 1

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prisoner’s account; or (2) the average monthly balance in the prisoner’s account for the 6-month

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

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forwarded to the Clerk as soon as possible.

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

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the correctional facility 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 financial officer should

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

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level. This $10.00 limit does not apply to the initial partial filing fee described above. Finally, the

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monthly payments should be collected and forwarded to the court until the entire filing fee $350.00

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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

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Administrator of the Court, and to the financial officer of the correctional facility having custody

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of plaintiff.

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DATED this 7th day of September, 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
PAGE - 2