Alverto v. Department of Corrections et al

Filing 5

ORDER granting 1 Motion for Leave to Proceed in forma pauperis signed by Magistrate Judge Karen L Strombom.(MET) cc: plaintiff & Inmate Account Mgr, Clallam Bay

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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JEROME CEASAR ALVERTO,
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Plaintiff,
v.
DEPARTMENT OF CORRECTIONS, C/O
FINCH, C/O PERCIFIELD, C/O
GRIJALVA, SGT. C. ROOP, HERBERT C.
PENROSE, MICHAEL ESTES, KRISTI
ENTROP, DR. JUGUILON, STEPHEN
SINCLAIR, RAYMOND BUCHMANN, C/O
ADAMIRE, RON FRAKER, ROB
JACKSON, COUNSELOR WALKER,
KURT GRUBB, C/O DeLEON, C/O
PALMER, JASON ROMERO, ADELE
WILLIAMS, BRYAN McGARVIE,
DARREN HEAWARD, DENISE LARSON,
LT. TOM TABER, JASON ULRICH, and
STATE OF WASHINGTON,

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

Defendants.

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No. C11-5572 RJB/KLS

The Court, having reviewed Plaintiff’s application to proceed in forma pauperis (ECF
No. 1) does hereby find and ORDER:
Plaintiff’s declaration 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 as a pauper is GRANTED. As

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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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ORDER - 1

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Pursuant to 28 U.S.C. § 1915 and Plaintiff’s approved application to proceed in forma

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pauperis, the agency having custody of the above named Plaintiff is directed to calculate an

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initial partial filing fee equal to 20 percent of greater of -- the average monthly deposits to the

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prisoner’s account or 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 Court Clerk as soon as practicable.

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Subsequently, if the prisoner’s account exceeds $10.00, each month the agency is

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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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The Clerk is directed to send plaintiff a copy of this Order and the General Order, along

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with a copy of Plaintiff’s Acknowledgment and Authorization portion of the IFP application to

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the attention of the inmate account manager of the Clallam Bay Corrections Center, Clallam Bay,

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Washington.

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DATED this 28th day of July, 2011.

A

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Karen L. Strombom
United States Magistrate Judge

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ORDER - 2