Payment v. Warner et al

Filing 5

ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS AND DIRECTING INSTITUTION TO CALCULATE, COLLECT, AND FORWARD PAYMENTS signed by Judge J Richard Creatura. (MET) cc: plaintiff and PLRA via ECF

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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8 KYLE LEE PAYMENT,

Plaintiff,

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CASE NO. C14-5748 RBL-JRC

v.

11 BERNARD WARNER, SCOTT FRAKES,
DAN PACHOLKE, KARIE RAINER,
12 JOHN CAMPBELL, PATRICK GLEBE,
MIKE OBENLAND, STEVE SINCLAIR,
13 MARGARET GILBERT, SCOTT
RUSSELL,
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Defendants.
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ORDER GRANTING APPLICATION
TO PROCEED IN FORMA PAUPERIS
AND DIRECTING INSTITUTION TO
CALCULATE, COLLECT, AND
FORWARD PAYMENTS

Plaintiff is a state prisoner proceeding pro se in this civil rights action. The Court, having

17 reviewed plaintiff’s application to proceed in forma pauperis, hereby finds and ORDERS as
18 follows:
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(1)

Plaintiff’s declaration indicates that he is unable to afford the Court’s filing fee or

20 give security therefore. Accordingly, plaintiff’s application to proceed in forma pauperis (Dkt.
21 1) is GRANTED. As set forth below, an initial partial filing fee will be collected, and plaintiff is
22 thereafter required to make monthly payments of 20 percent of the preceding month’s income
23 credited to his account until the full amount of the filing fee is satisfied.

ORDER GRANTING APPLICATION TO
PROCEED IN FORMA PAUPERIS - 1

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(2)

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

2 forma pauperis, the agency having custody of the above-named plaintiff is directed to calculate
3 an initial partial filing fee equal to 20 percent of the greater of either: (a) the average monthly
4 deposits to the prisoner’s account; or (b) the average monthly balance in the prisoner’s account
5 for the 6-month period immediately preceding the date of this Order. The initial partial filing fee
6 should be forwarded to the Clerk of Court as soon as practicable.
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Subsequently, if the prisoner’s account exceeds $10.00, each month the agency having

8 custody of the prisoner is directed to collect and forward payments equal to 20 percent of the
9 prisoner’s preceding month’s income credited to the prisoner’s account. In the event that the
10 monthly payment would reduce the prisoner’s account below $10.00, the agency should collect
11 and forward only that amount which would reduce the prisoner’s account to the $10.00 level.
12 Please note that this $10.00 limit does not apply to the initial partial filing fee described above.
13 Finally, the monthly payments should be collected and forwarded to the Court until the entire
14 filing fee ($350.00) for this matter has been paid.
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(3)

The Clerk is directed to send a copy of this Order to plaintiff, to the financial

16 officer of this Court, and to the agency having custody of plaintiff.
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Dated this 23rd day of September, 2014.

A

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J. Richard Creatura
United States Magistrate Judge

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ORDER GRANTING APPLICATION TO
PROCEED IN FORMA PAUPERIS - 2