Murphy v. Washington State Department of Corrections
Filing
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ORDER granting 1 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge J Richard Creatura.(CMG; cc to Plaintiff)
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA
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HAROLD JOHN MURPHY Jr.,
CASE NO. C11-5174BHS/JRC
Plaintiff,
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ELENOR VERNELL,
Defendant.
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ORDER GRANTING APPLICATION TO
PROCEED IN FORMA PAUPERIS AND
DIRECTING INSTITUTION TO
CALCULATE, COLLECT, AND
FORWARD PAYMENTS
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The Court, having reviewed plaintiff's application to proceed in forma pauperis, does
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hereby find and ORDER.
(1)
Plaintiff’s declaration indicates he is unable to afford the court’s filing fee or give
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security therefore. Accordingly, plaintiff’s application to proceed as a pauper is GRANTED.
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As set forth below, an initial partial filing fee will be collected, and plaintiff is required to
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make monthly payments of 20 percent of the preceding months income credited to his/her
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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
an initial partial filing fee equal to 20 percent of the greater of -- the average monthly deposits to
the prisoner’s account or the average monthly balance in the prisoner’s account for the 6-month
ORDER - 1
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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 court clerk as soon as practicable.
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Subsequently, if the prisoner’s account exceeds $10.00, each month the agency is
directed to collect and forward payments equal to 20 percent of the prisoner’s preceding month’s
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income credited to the prisoner’s account. In the event that the monthly payment would reduce
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the prisoner’s account below $10.00, the agency should collect and forward only that amount
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which would reduce the prisoner’s account to the $10.00 level. Please note that this $10.00 limit
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does not apply to the initial partial filing fee described above. Finally, the monthly payments
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should be collected and forwarded to the court until the entire filing fee ($350.00) for this matter
has been paid.
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(3)
The Clerk is directed to send plaintiff a copy of this Order and the General Order,
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and a copy of this Order along with a copy of plaintiff’s Acknowledgment and Authorization
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portion of the IFP application to the Prison Litigation Reform Act (“PLRA”) contact person, the
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inmate account manager at Washington State Department of Corrections.
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DATED this 21st day of April, 2011.
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A
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J. Richard Creatura
United States Magistrate Judge
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ORDER - 2
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