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Burchett v. Johnson et al

Doc. 4

Case 3:05-cv-05514-RJB-JKA Document 4 Filed 08/16/2005 Page 1 of 2

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UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT TACOMA

DONALD C. BURCHETT,

Plaintiff,

v.

TRACY JOHNSON, and BRAD DUDLEY,

Defendants.

Case No. C05-5514RJB

ORDER GRANTING
APPLICATION TO PROCEED IN
FORMA PAUPERIS AND
DIRECTING INSTITUTION TO
CALCULATE, COLLECT, AND
FORWARD PAYMENTS

The Court, having reviewed plaintiff's application to proceed in forma pauperis (Doc. 1), does

hereby find and ORDER.

(1) Plaintiff’s declaration indicates he is unable to afford the court’s filing fee or give security

therefor. Accordingly, plaintiff’s application to proceed as a pauper is GRANTED. As set forth below,

an initial partial filing fee will be collected, and plaintiff is required to make monthly payments of

20 percent of the preceding months income credited to his/her account until the full amount of the

filing fee is satisfied.

(2) Pursuant to 28 U.S.C. § 1915 and plaintiff’s approved application to proceed in forma

pauperis, the agency having custody of the above named plaintiff is directed to calculate an initial partial

filing fee equal to 20 percent of greater of -- the average monthly deposits to the prisoner’s account or the

average monthly balance in the prisoner’s account for the 6-month period immediately preceding the date

of this Order. The initial partial filing fee should be forwarded to the court clerk as soon as practicable.

Subsequently, if the prisoner’s account exceeds $10.00, each month the agency is directed to

ORDER
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Case 3:05-cv-05514-RJB-JKA Document 4 Filed 08/16/2005 Page 2 of 2

collect and forward payments equal to 20 percent of the prisoner’s preceding month’s income credited to

the prisoner’s account. In the event that the monthly payment would reduce the prisoner’s account below

$10.00, the agency should collect and forward only that amount which would reduce the prisoner’s

account to the $10.00 level. Please note that this $10.00 limit does not apply to the initial partial filing fee

described above. Finally, the monthly payments should be collected and forwarded to the court until the

entire filing fee ($250.00) for this matter has been paid.

(3) The Clerk is directed to send plaintiff a copy of this Order and the General Order, and a copy

of this Order along with a copy of plaintiff’s Acknowledgment and Authorization portion of the IFP

application to the attention of the inmate account manager (IFP account manager) at the Washington State

Department of Corrections.

DATED this 16st day of August, 2005.

/s/ J. Kelley Arnold____________
J. Kelley Arnold
United States Magistrate Judge

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ORDER
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