Wynn 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 w/general order & PLRA

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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KIMOTHY WYNN,
No. C11-5590 RJB/KLS

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Plaintiff,
v.
WASHINGTON DEPARTMENT OF
CORRECTIONS, BERNIE WARNER,
STEVE SINCLAIR, MAGGIE MILLERSTOUT, SGT. DILDAY, DON J.
DESHAZIER, and MIKE MYER,

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

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Defendants.
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The Court, having reviewed Plaintiff’s application to proceed in forma pauperis (ECF
No. 1) does hereby find and ORDER:

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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
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.
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
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

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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 Washington State Penitentiary, Walla Walla,
Washington.

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DATED this 7th day of September, 2011.
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A

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Karen L. Strombom
United States Magistrate Judge

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ORDER - 2