Johnston v. Isack

Filing 7

ORDER GRANTING 6 APPLICATION TO PROCEED IN FORMA PAUPERIS AND DIRECTING INSTITUTION TO CALCULATE, COLLECT, AND FORWARD PAYMENTS by Hon. Brian A Tsuchida (cc: Plaintiff, DOC-WSP, WAWD Finance). **2 PAGE(S), PRINT ALL**(Jacob Johnston, Prisoner ID: 366383)(MIH)

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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 6 7 8 JACOB A. JOHNSTON, Plaintiff, 9 10 v. 11 JAMIE ISAAK, Defendant. 12 CASE NO. 3:24-cv-05270-RAJ-BAT ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS AND DIRECTING INSTITUTION TO CALCULATE, COLLECT, AND FORWARD PAYMENTS 13 14 Plaintiff is a prisoner proceeding pro se in this civil rights action. The Court, having 15 reviewed plaintiff’s application to proceed in forma pauperis, hereby finds and ORDERS as 16 follows: 17 (1) The Court GRANTS plaintiff’s application to proceed in forma pauperis (Dkt. 6). 18 (2) Pursuant to 28 U.S.C. § 1915, and plaintiff’s approved application to proceed in 19 forma pauperis, the agency having custody of the above-named plaintiff is directed to calculate 20 an initial partial filing fee equal to 20 percent of the greater of either: (a) the average monthly 21 deposits to the prisoner’s account; or (b) the average monthly balance in the prisoner’s account 22 for the 6-month period immediately preceding the date of this Order. The initial partial filing fee 23 should be forwarded to the Clerk of Court as soon as practicable. ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS AND DIRECTING INSTITUTION TO CALCULATE, COLLECT, AND FORWARD PAYMENTS - 1 1 Subsequently, if the prisoner’s account exceeds $10.00, each month the agency having 2 custody of the prisoner is directed to collect and forward payments equal to 20 percent of the 3 prisoner’s preceding month’s income credited to the prisoner’s account. If the monthly payment 4 would reduce the prisoner’s account below $10.00, the agency should collect and forward only 5 that amount which would reduce the prisoner’s account to the $10.00 level. Please note that this 6 $10.00 limit does not apply to the initial partial filing fee described above. Finally, the monthly 7 payments should be collected and forwarded to the Court until the entire filing fee ($350.00) for 8 this matter has been paid. 9 10 (3) The Clerk is directed to send a copy of this Order to plaintiff, to the financial officer of this Court, and to the agency having custody of plaintiff. 11 DATED this 9th day of May, 2024. 12 A 13 BRIAN A. TSUCHIDA United States Magistrate Judge 14 15 e 16 17 18 19 20 21 22 23 ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS AND DIRECTING INSTITUTION TO CALCULATE, COLLECT, AND FORWARD PAYMENTS - 2

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