Holcomb v. Burnett et al

Filing 4

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 w/pro se instruction sheet)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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DANIEL S HOLCOMB,
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Plaintiff,
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v.
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CHARLES BURNETT, JENNIFER
MINKLER, GRAYS HARBOR
COUNTY, GRAYS HARBOR
COUNTY SHERIFF’S
DEPARTMENT, CITY OF
HOQUIAM, CITY OF HOQUIAM
POLICE DEPARTMENT, SHANE
KROHN, JAMES GADDIS, JEFF
MYERS, STEWARD MENEFEE,
CRAIG NEWMAN, MARK
MCCAULEY, TED DUBRAY, GREG
GILBERTSON, JEFF NILES, JOHN
DOE BAULMOF, DENNIS LUSBY,
JOHN DOE SHINN, BURNETT
INSURANCE,

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CASE NO. C14-5087 RBL-KLS
ORDER GRANTING APPLICATION
TO PROCEED IN FORMA
PAUPERIS

Defendants.

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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:
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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
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ORDER GRANTING APPLICATION TO
PROCEED IN FORMA PAUPERIS- 1

1 make monthly payments of 20 percent of the preceding months income credited to his/her
2 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

4 pauperis, the agency having custody of the above named Plaintiff is directed to calculate an
5 initial partial filing fee equal to 20 percent of greater of -- the average monthly deposits to the
6 prisoner’s account or the average monthly balance in the prisoner’s account for the 6-month
7 period immediately preceding the date of this Order. The initial partial filing fee should be
8 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

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

18 Sheet and to send a copy of Plaintiff’s Acknowledgment and Authorization portion of the IFP
19 application to the attention of the inmate account manager of the IFP account manager at the
20 Washington State Penitentiary, in Walla Walla, Washington.
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DATED this 3rd day of February, 2014.

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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