Silva v. Curtwright et al

Filing 8

ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS AND DIRECTING INSTITUTION TO CALCULATE, COLLECT, AND FORWARD PAYMENTS, signed by Magistrate Judge Karen L Strombom. (CMG; cc to Plaintiff & Inmate accounts)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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MARK ALLEN SILVA,
Plaintiff,

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v.
BRETT CURTWRIGHT, et al.,

ORDER GRANTING APPLICATION
TO PROCEED IN FORMA
PAUPERIS

Defendants.

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CASE NO. C13-5938 RJB/KLS

The Court, having reviewed Plaintiff’s application to proceed in forma pauperis does

13 hereby find and ORDER:
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Plaintiff’s declaration indicates he is unable to afford the Court’s filing fee or give

15 security therefor. Accordingly, Plaintiff’s application to proceed as a pauper is GRANTED. As
16 set forth below, an initial partial filing fee will be collected, and Plaintiff is required to
17 make monthly payments of 20 percent of the preceding months income credited to his/her
18 account until the full amount of the filing fee is satisfied.
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Pursuant to 28 U.S.C. § 1915 and Plaintiff’s approved application to proceed in forma

20 pauperis, the agency having custody of the above named Plaintiff is directed to calculate an
21 initial partial filing fee equal to 20 percent of greater of -- the average monthly deposits to the
22 prisoner’s account or the average monthly balance in the prisoner’s account for the 6-month
23 period immediately preceding the date of this Order. The initial partial filing fee should be
24 forwarded to the Court Clerk as soon as practicable.
ORDER GRANTING APPLICATION TO
PROCEED IN FORMA PAUPERIS- 1

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

2 directed to collect and forward payments equal to 20 percent of the prisoner’s preceding month’s
3 income credited to the prisoner’s account. In the event that the monthly payment would reduce
4 the prisoner’s account below $10.00, the agency should collect and forward only that amount
5 which would reduce the prisoner’s account to the $10.00 level. Please note that this $10.00 limit
6 does not apply to the initial partial filing fee described above. Finally, the monthly payments
7 should be collected and forwarded to the Court until the entire filing fee ($350.00) for this matter
8 has been paid.
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The Clerk is directed to send Plaintiff a copy of this Order and the Pro Se Instruction

10 Sheet and to send a copy of Plaintiff’s Acknowledgment and Authorization portion of the IFP
11 application to the attention of the inmate account manager of the IFP account manager at the
12 Lewis County Jail, Chehalis, Washington.
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DATED this 30th day of October, 2013.

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A

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Karen L. Strombom
United States Magistrate Judge

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ORDER GRANTING APPLICATION TO
PROCEED IN FORMA PAUPERIS- 2