Worley v. Hammond et al

Filing 2

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**(Larry Worley, Prisoner ID: 821452)(CMG)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

8 LARRY WORLEY, a/k/a LARRY
[ARYANA] WORLEY,
CASE NO. 3:17-cv-5497 RJB-TLF
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Plaintiff,
ORDER GRANTING APPLICATION
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v.
TO PROCEED IN FORMA PAUPERIS
AND DIRECTING INSTITUTION TO
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STEVE HAMMOND, et al.,
CALCULATE, COLLECT, AND
FORWARD PAYMENTS
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Defendants.
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Plaintiff is a 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:
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(1)
Plaintiff’s declaration indicates that he is unable to afford the Court’s filing fee or
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give security therefore. Accordingly, plaintiff’s application to proceed in forma pauperis (Dkt.
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1) is GRANTED. As set forth below, an initial partial filing fee will be collected, and plaintiff
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is 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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(2)
Pursuant to 28 U.S.C. § 1915, and plaintiff’s approved application to proceed in
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forma pauperis, the agency having custody of the above-named plaintiff is directed to calculate
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an initial partial filing fee equal to 20 percent of the greater of either: (a) the average monthly
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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.
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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.
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(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.
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Dated this 25th day of July, 2017.

A

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Theresa L. Fricke
United States Magistrate Judge

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ORDER GRANTING APPLICATION TO
PROCEED IN FORMA PAUPERIS - 2