Follis v. Baker et al

Filing 6

ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS AND DIRECTING INSTITUTION TO CALCULATE, COLLECT, AND FORWARD PAYMENTS, signed by Magistrate Judge J Richard Creatura. (cc: Plaintiff, WAWD Finance, Inmate Accounts) (CMG)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 8 9 10 CHARLES EDWARD FOLLIS, Plaintiff, 11 v. 12 14 PIERCE COUNTY SHERIFF BAKER AND PIERCE COUNTY SHERIFF'S DEPARTMENT, 15 CASE NO. 3:17-cv-05644-RBL-JRC ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS AND DIRECTING INSTITUTION TO CALCULATE, COLLECT, AND FORWARD PAYMENTS Defendants. 13 16 17 18 The Court, having reviewed plaintiff's application to proceed in forma pauperis does hereby find and ORDER. (1) Plaintiff’s declaration indicates he is unable to afford the court’s filing fee or give 19 security therefore. Accordingly, plaintiff’s application to proceed as a pauper is GRANTED. 20 As set forth below, an initial partial filing fee will be collected, and plaintiff is required to 21 make monthly payments of 20 percent of the preceding month’s income credited to his/her 22 account until the full amount of the filing fee is satisfied. 23 24 ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS AND DIRECTING INSTITUTION TO CALCULATE, COLLECT, AND FORWARD PAYMENTS - 1 1 (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 -- the average monthly deposits to 4 the prisoner’s account or the average monthly balance in the prisoner’s account for the 6-month 5 period immediately preceding the date of this Order. The initial partial filing fee should be 6 forwarded to the court clerk as soon as practicable. 7 Subsequently, if the prisoner’s account exceeds $10.00, each month the agency is 8 directed to collect and forward payments equal to 20 percent of the prisoner’s preceding month’s 9 income credited to the prisoner’s account. In the event that the monthly payment would reduce 10 the prisoner’s account below $10.00, the agency should collect and forward only that amount 11 which would reduce the prisoner’s account to the $10.00 level. Please note that this $10.00 limit 12 does not apply to the initial partial filing fee described above. Finally, the monthly payments 13 should be collected and forwarded to the court until the entire filing fee ($350.00) for this matter 14 has been paid. 15 (3) The Clerk is directed to send copies of this Order and the Pro Se Instruction Sheet 16 to plaintiff, and a copy of this Order along with a copy of plaintiff’s Acknowledgment and 17 Authorization portion of the IFP application to the Prison Litigation Reform Act (“PLRA”) 18 contact person, the inmate account manager at the Pierce County Jail. 19 Dated this 5th day of September, 2017. A 20 21 J. Richard Creatura United States Magistrate Judge 22 23 24 ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS AND DIRECTING INSTITUTION TO CALCULATE, COLLECT, AND FORWARD PAYMENTS - 2

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