Jones v. State of Washington et al

Filing 7

ORDER GRANTING 1 APPLICATION TO PROCEED IN FORMA PAUPERIS AND DIRECTING INSTITUTION TO CALCULATE, COLLECT, AND FORWARD PAYMENTS, signed by Magistrate Judge Karen L Strombom. (GMR- cc: via NEF to WA DOC Trust Account Office; hard copy to pltf)

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1 2 3 4 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 5 6 7 ANTHONY D. JONES, Plaintiff, 8 9 10 11 v. STATE OF WASHINGTON, DEPARTMENT OF CORRECTIONS, JOHN ALDANA, D. WALLACE, DAN PACHOLKE, LORI LAWSON, 12 CASE NO. C13-5084 RBL/KLS ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS Defendants. 13 The Court, having reviewed Plaintiff’s application to proceed in forma pauperis does 14 hereby find and ORDER: 15 Plaintiff’s declaration indicates he is unable to afford the Court’s filing fee or give 16 security therefor. Accordingly, Plaintiff’s application to proceed as a pauper is GRANTED. As 17 set forth below, an initial partial filing fee will be collected, and Plaintiff is required to 18 make monthly payments of 20 percent of the preceding months income credited to his/her 19 account until the full amount of the filing fee is satisfied. 20 Pursuant to 28 U.S.C. § 1915 and Plaintiff’s approved application to proceed in forma 21 pauperis, the agency having custody of the above named Plaintiff is directed to calculate an 22 initial partial filing fee equal to 20 percent of greater of -- the average monthly deposits to the 23 prisoner’s account or the average monthly balance in the prisoner’s account for the 6-month 24 ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS- 1 1 period immediately preceding the date of this Order. The initial partial filing fee should be 2 forwarded to the Court Clerk as soon as practicable. 3 Subsequently, if the prisoner’s account exceeds $10.00, each month the agency is 4 directed to collect and forward payments equal to 20 percent of the prisoner’s preceding month’s 5 income credited to the prisoner’s account. In the event that the monthly payment would reduce 6 the prisoner’s account below $10.00, the agency should collect and forward only that amount 7 which would reduce the prisoner’s account to the $10.00 level. Please note that this $10.00 limit 8 does not apply to the initial partial filing fee described above. Finally, the monthly payments 9 should be collected and forwarded to the Court until the entire filing fee ($350.00) for this matter 10 has been paid. 11 The Clerk is directed to send Plaintiff a copy of this Order and the General Order, along 12 with a copy of Plaintiff’s Acknowledgment and Authorization portion of the IFP application to 13 the attention of the inmate account manager of the Olympic Corrections Center, Forks, 14 Washington. 15 Dated this 25th day of March, 2013. 16 A 17 Karen L. Strombom United States Magistrate Judge 18 19 20 21 22 23 24 ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS- 2

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