Hinkley v. Vail et al
Filing
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ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS AND DIRECTING INSTITUTION TO CALCULATE, COLLECT, AND FORWARD PAYMENTS, signed by Magistrate Judge Karen L Strombom. (CMG; cc to Plaintiff)
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA
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JAMES M. HINKLEY,
Plaintiff,
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v.
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ELDON VAIL, SCOTT RUSSELL,
KERRY ARLOW, JEFF CARLSEN,
STEVE DEMARZ, JOHN AND JANE
DOES 1-40,
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CASE NO. C12-5969 RBL/KLS
ORDER GRANTING APPLICATION
TO PROCEED IN FORMA
PAUPERIS
Defendants.
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The Court, having reviewed Plaintiff’s application to proceed in forma pauperis does
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hereby find and ORDER:
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Plaintiff’s declaration indicates he is unable to afford the court’s filing fee or give
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security therefor. Accordingly, Plaintiff’s application to proceed as a pauper is GRANTED. As
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set forth below, an initial partial filing fee will be collected, and Plaintiff is required to
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make monthly payments of 20 percent of the preceding months income credited to his/her
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account until the full amount of the filing fee is satisfied.
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Pursuant to 28 U.S.C. § 1915 and Plaintiff’s approved application to proceed in forma
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pauperis, the agency having custody of the above named Plaintiff is directed to calculate an
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initial partial filing fee equal to 20 percent of greater of -- the average monthly deposits to the
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prisoner’s account or the average monthly balance in the prisoner’s account for the 6-month
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ORDER - 1
1 period immediately preceding the date of this Order. The initial partial filing fee should be
2 forwarded to the Court Clerk as soon as practicable.
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Subsequently, if the prisoner’s account exceeds $10.00, each month the agency is
4 directed to collect and forward payments equal to 20 percent of the prisoner’s preceding month’s
5 income credited to the prisoner’s account. In the event that the monthly payment would reduce
6 the prisoner’s account below $10.00, the agency should collect and forward only that amount
7 which would reduce the prisoner’s account to the $10.00 level. Please note that this $10.00 limit
8 does not apply to the initial partial filing fee described above. Finally, the monthly payments
9 should be collected and forwarded to the Court until the entire filing fee ($350.00) for this matter
10 has been paid.
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The Clerk is directed to send Plaintiff a copy of this Order and the General Order, along
12 with a copy of Plaintiff’s Acknowledgment and Authorization portion of the IFP application to
13 the attention of the inmate account manager of the Washington State Penitentiary, Walla Walla,
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Dated this 27th day of November, 2012.
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A
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Karen L. Strombom
United States Magistrate Judge
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ORDER - 2
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