Cook v. Wash. State Dep't of Corr.

Full title: JEFFREY ALLEN COOK, Plaintiff, v. WASHINGTON STATE DEPARTMENT OF…

Court: United States District Court, Western District of Washington

Date published: Sep 28, 2023

No. C23-5773-JNW-MLP (W.D. Wash. Sep. 28, 2023)

Opinion

C23-5773-JNW-MLP

09-28-2023

JEFFREY ALLEN COOK, Plaintiff, v. WASHINGTON STATE DEPARTMENT OF CORRECTIONS, et al., Defendant.

MICHELLE L. PETERSON, UNITED STATES MAGISTRATE JUDGE

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

MICHELLE L. PETERSON, UNITED STATES MAGISTRATE JUDGE

Plaintiff has filed an application to proceed in forma pauperis (“IFP”) in the above-entitled § 1983 action. After careful consideration of the application and supporting materials, the Court ORDERS as follows:

(1) Plaintiff's application to proceed IFP (dkt. # 5) is GRANTED. As set forth below, an initial partial filing fee will be collected, and thereafter each month Plaintiff is required to pay twenty (20) percent of the preceding month's income credited to his 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 IFP, the institution having custody of the above-named Plaintiff is directed to calculate an initial partial filing fee equal to twenty (20) percent of the greater of either: (1) the average monthly deposits to Plaintiff's account; or (2) the average monthly balance in Plaintiff's account for the six-month period immediately preceding the date of this Order. The initial partial filing fee should be forwarded to the Clerk as soon as practicable.

Subsequently, if Plaintiff's account exceeds $10.00, each month the financial officer of the correctional facility is directed to collect and forward payments equal to twenty (20) percent of Plaintiff's preceding month's income credited to Plaintiff's account. In the event that the monthly payment would reduce Plaintiff's account below $10.00, the financial officer should collect and forward only that amount which would reduce Plaintiff's account to $10.00. 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 ($350.00) for this matter has been paid.

(3) The Clerk is directed to send a copy of this Order to Plaintiff, to the financial officer of the Court, to the financial officer of the correctional facility, and to the Honorable Jamal N. Whitehead.