Kornegay v. Gilbert et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
ANTHONY TREVON KORNEGAY,
#A1004943,
Plaintiff,
vs.
STG. SRGT. CHRISTOPHER
GILBERT, et al.,
Defendants.
CIVIL NO. 26-00058 DKW-RT
ORDER GRANTING APPLICATION
TO PROCEED IN FORMA
PAUPERIS BY A PRISONER
Before the Court is an Application to Proceed In Forma Pauperis by a
Prisoner filed by pro se Plaintiff Anthony Trevon Kornegay.1 ECF No. 2. In his
IFP Application, Plaintiff states that he is not employed as a prisoner at the Oahu
Community Correctional Center; he has no other sources of income, savings, or
assets; and he owns no other property. Id. at PageID.11. A prison official certified
that Plaintiff has no money on account and that his average monthly balance during
the last six months was zero. Id. at PageID.12. Based on the information currently
1 Kornegay is currently incarcerated at the Oahu Community Correctional Center. See VINE,
https://vinelink.vineapps.com/search/HI/Person (select “ID Number”; enter “A1004943”; and
select “Search”) (last visited Mar. 4, 2026).
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before the Court, therefore, Plaintiff qualifies as a pauper, and his IFP Application
is GRANTED. See 28 U.S.C. § 1915(a)(1).
As a prisoner, Plaintiff is obligated to pay the full filing fee regardless of the
outcome of this suit. See 28 U.S.C. § 1915(b)(1), (e)(2). Plaintiff shall pay an
initial partial filing fee of 20% of the greater of: (1) the average monthly deposits
to his account; or (2) the average monthly balance in his account for the six-month
period immediately preceding the filing of the Complaint. 28 U.S.C. § 1915(b)(1).
Thereafter, Plaintiff shall make monthly payments equaling 20% of the preceding
month’s income credited to his account, when the amount in his account exceeds
$10.00, until the $350.00 civil filing fee is paid in full. 28 U.S.C. § 1915(b)(2).
IT IS HEREBY ORDERED that:
(1) The Hawaii Department of Corrections and Rehabilitation or its
designee the Warden of the Oahu Community Correctional Center shall calculate,
collect, and remit to the Clerk of Court an initial partial payment equaling 20% of
Plaintiff’s average monthly balance or average monthly deposits to his account,
whichever is greater. Thereafter, the Warden or designee shall collect monthly
payments equaling 20% of Plaintiff’s preceding month’s income when the account
exceeds $10.00, until the $350.00 filing fee is paid in full. See 28 U.S.C.
§ 1915(b)(2). These payments must be identified by the name and number
assigned to this action.
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(2) The Clerk SHALL serve a copy of this order on Plaintiff, the Oahu
Community Correctional Center Warden and Financial Office, and Sechyi Laiu,
the Department of Corrections and Rehabilitation Litigation Coordinator, and
submit a copy of this order to the District of Hawaii’s Financial Department.
IT IS SO ORDERED.
DATED: March 5, 2026 at Honolulu, Hawaiʻi.
Anthony Trevon Kornegay v. Sgt. Srgt. Christopher Gilbert, et al.; Civil No. 26-
00058 DKW-RT; ORDER GRANTING APPLICATION TO PROCEED IN
FORMA PAUPERIS BY A PRISONER
___________________________
Derrick K. Watson
Chief United States District Judge
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