Smith v. Phillips et al
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, Federal Detention Center)(ST)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
ROBERT H. SMITH,
Case No. C17-1457-TSZ-MAT
ORDER GRANTING APPLICATION
TO PROCEED IN FORMA PAUPERIS
RYAN W. PHILLIPS, et al.,
Plaintiff Robert Smith is currently in federal custody and is proceeding pro se in this civil
rights action. The Court, having reviewed plaintiff’s application to proceed in forma pauperis,
hereby finds and ORDERS as follows:
Plaintiff’s declaration indicates that he is unable to afford the Court’s filing fee or
give security therefore. Accordingly, plaintiff’s application to proceed in forma pauperis (Dkt. 1)
is GRANTED. As set forth below, an initial partial filing fee will be collected, and plaintiff is
thereafter required to make monthly payments of 20 percent of the preceding month’s income
credited to his account until the full amount of the filing fee is satisfied.
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
initial partial filing fee equal to 20 percent of the greater of either: (a) the average monthly deposits
to the prisoner’s account; or (b) the average monthly balance in the prisoner’s account for the 6-
month period immediately preceding the date of this Order. The initial partial filing fee should be
forwarded to the Clerk of Court as soon as practicable.
Subsequently, if the prisoner’s account exceeds $10.00, each month the agency having
custody of the prisoner is directed to collect and forward payments equal to 20 percent of the
prisoner’s preceding month’s income credited to the prisoner’s account. In the event that the
monthly payment would reduce the prisoner’s account below $10.00, the agency should collect
and forward only that amount which would reduce the prisoner’s account to the $10.00 level.
Please note that this $10.00 limit does not apply to the initial partial filing fee described above.
Finally, the monthly payments should be collected and forwarded to the Court until the entire filing
fee ($350.00) for this matter has been paid.
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 6th day of October, 2017.
Mary Alice Theiler
United States Magistrate Judge
ORDER GRANTING APPLICATION TO
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