Ellis v. Washington State Dept of Corrections et al

Filing 2

ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS AND DIRECTING INSTITUTION TO CALCULATE, COLLECT, AND FORWARD PAYMENTS signed by Judge David W. Christel. **2 PAGES, PRINT ALL**(MET) cc: DOC Account Mgr via ECF

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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8 JAMAL J. ELLIS,

Plaintiff,

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CASE NO. 3:15-CV-05421-RBL-DWC

v.

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

11 WASHINGTON STATE DEPT OF
CORRECTIONS, D HOLBROOK, S
12 SINCLAIR, DANIELLE ARMBRUSTER,
L YOUNG, J AIYEKU, B WARNER,
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Defendants.
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Plaintiff is a state prisoner proceeding pro se in this civil rights action. The Court, having
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reviewed Plaintiff’s application to proceed in forma pauperis, hereby finds and ORDERS as
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follows:
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(1)
Plaintiff’s declaration indicates he is unable to afford the Court’s filing fee or give
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security therefore. Accordingly, Plaintiff’s application to proceed in forma pauperis, Dkt. 1, is
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GRANTED. As set forth below, an initial partial filing fee will be collected, and Plaintiff is
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thereafter required to make monthly payments of 20 percent of the preceding month’s income
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credited to his account until the full amount of the filing fee is satisfied.
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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 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 June, 2015.

A

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David W. Christel
United States Magistrate Judge

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ORDER GRANTING APPLICATION TO
PROCEED IN FORMA PAUPERIS - 2