Thomas v. Department of Corrections et al

Filing 5

ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS AND DIRECTING INSTITUTION TO CALCULATE, COLLECT, AND FORWARD PAYMENTS, signed by Magistrate Judge Theresa L Fricke. (cc: Plaintiff, DOC, WAWD Finance)**2 PAGE(S), PRINT ALL**(Scott Thomas, Prisoner ID: 382460)(CMG)

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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 6 7 8 SCOTT WILLIAM THOMAS, Plaintiff, 9 10 v. CASE NO. 3:17-cv-5417 BHS-TLF ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS AND DIRECTING INSTITUTION TO CALCULATE, COLLECT, AND FORWARD PAYMENTS 11 DEPARTMENT OF CORRECTIONS, et al., 12 Defendants. 13 Plaintiff is a prisoner proceeding pro se in this civil rights action. The Court, having 14 reviewed plaintiff’s application to proceed in forma pauperis, hereby finds and ORDERS: 15 (1) Plaintiff’s declaration indicates that he is unable to afford the Court’s filing fee or 16 give security therefore. Accordingly, plaintiff’s application to proceed in forma pauperis (Dkt. 17 1) is GRANTED. As set forth below, an initial partial filing fee will be collected, and plaintiff 18 is thereafter required to make monthly payments of 20 percent of the preceding month’s income 19 credited to his account until the full amount of the filing fee is satisfied. 20 (2) Pursuant to 28 U.S.C. § 1915, and plaintiff’s approved application to proceed in 21 forma pauperis, the agency having custody of the above-named plaintiff is directed to calculate 22 an initial partial filing fee equal to 20 percent of the greater of either: (a) the average monthly 23 ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS - 1 1 deposits to the prisoner’s account; or (b) the average monthly balance in the prisoner’s account 2 for the 6-month period immediately preceding the date of this Order. The initial partial filing fee 3 should be forwarded to the Clerk of Court as soon as practicable. 4 Subsequently, if the prisoner’s account exceeds $10.00, each month the agency having 5 custody of the prisoner is directed to collect and forward payments equal to 20 percent of the 6 prisoner’s preceding month’s income credited to the prisoner’s account. In the event that the 7 monthly payment would reduce the prisoner’s account below $10.00, the agency should collect 8 and forward only that amount which would reduce the prisoner’s account to the $10.00 level. 9 Please note that this $10.00 limit does not apply to the initial partial filing fee described above. 10 Finally, the monthly payments should be collected and forwarded to the Court until the entire 11 $350.00 filing fee for this matter has been paid. 12 (3) The Clerk is directed to send a copy of this Order to plaintiff, to the financial 13 officer of this Court, and to the agency having custody of plaintiff. 14 Dated this 25th day of July, 2017. A 15 16 Theresa L. Fricke United States Magistrate Judge 17 18 19 20 21 22 23 ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS - 2

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