Harris et al v. Kent Police Department Detective et al

Filing 6

ORDER GRANTING #4 APPLICATION TO PROCEED IN FORMA PAUPERIS AND DIRECTING INSTITUTION TO CALCULATE, COLLECT, AND FORWARD PAYMENTS by Hon. Michelle L. Peterson. (cc: Plaintiff, WAWD Finance) (cc: Plaintiff and King County Jail Finance Dept. via USPS) (CR)

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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 6 7 8 DWIGHT HARRIS, Plaintiff, 9 10 11 12 v. KENT POLICE DEPARTMENT DETECTIVE, et al., 15 16 17 18 19 20 21 22 23 ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS Defendants. 13 14 Case No. C23-1510-JLR-MLP Plaintiff is a county prisoner who is proceeding pro se in this civil rights action. This matter comes before the Court at the present time for consideration of Plaintiff’s application to proceed with this action in forma pauperis. The Court, having reviewed Plaintiff’s application, finds and ORDERS as follows: (1) 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. # 4) 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. ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS - 1 1 (2) Pursuant to 28 U.S.C. § 1915, and Plaintiff’s approved application to proceed in 2 forma pauperis, the agency having custody of the above-named Plaintiff is directed to calculate 3 an initial partial filing fee equal to 20 percent of the greater of either: (a) the average monthly 4 deposits to the prisoner’s account; or (b) the average monthly balance in the prisoner’s account 5 for the 6-month period immediately preceding the date of this Order. The initial partial filing fee 6 should be forwarded to the Clerk of Court as soon as practicable. 7 Subsequently, if the prisoner’s account exceeds $10.00, each month the agency having 8 custody of the prisoner is directed to collect and forward payments equal to 20 percent of the 9 prisoner’s preceding month’s income credited to the prisoner’s account. In the event that the 10 monthly payment would reduce the prisoner’s account below $10.00, the agency should collect 11 and forward only that amount which would reduce the prisoner’s account to the $10.00 level. 12 Please note that this $10.00 limit does not apply to the initial partial filing fee described above. 13 Finally, the monthly payments should be collected and forwarded to the Court until the entire 14 filing fee ($350.00) for this matter has been paid. 15 16 17 (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 13th day of November, 2023. 18 A 19 MICHELLE L. PETERSON United States Magistrate Judge 20 21 22 23 ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS - 2

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