Lynn v. Cox et al

Filing 32

ORDER granting 30 Plaintiffs Motion for Order to Correct the Record. Plaintiff requests the Court clarify whether Plaintiff has been granted leave to proceed in forma pauperis. To the extent conflicting orders have been issued, the Court herein wi shes to correct the record. That portion of the Order Granting Service granting Plaintiff leave to proceed in forma pauperis, ECF No 16, be RESCINDED; and The Clerk shall send to Plaintiff an application to proceed in forma pauperis so that an accurate determination may be made by the United States Magistrate Judge. by Judge William J. Martinez on 9/16/2011.(erv, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge William J. Martínez
Civil Action No. 11-cv-00136-WJM-BNB
RICHARD J. LYNN,
Plaintiff,
v.
W. COX, SIS Investigator,
J. BOLEY, Unit Manager,
J. CAREY, Disciplinary Hearing Officer,
R. SHANK, Staff Representative,
R. WILEY, Warden, ADX,
B. DAVIS, Warden, ADX,
J. FOX, Associate Warden, ADX,
J. JONES, Associate Warden, ADX,
M. COLLINS, Unit Manager, ADX,
P. RANGEL, Unit Manager, ADX,
A. FENLON, Case Manager,
T. JOHNS, Warden USP-1 Coleman, FL,
R. BURTON, Associate Warden, USP-1 Coleman, FL, and
O. BARAT, Captain, USP-1 Coleman, FL,
Defendants.

ORDER ON MOTION FOR ORDER TO CORRECT THE RECORD

THIS MATTER is before the Court on Plaintiff’s Motion for Order to Correct the
Record, ECF No. 30, filed on September 9, 2011. Plaintiff requests the Court clarify
whether Plaintiff has been granted leave to proceed in forma pauperis. To the extent
conflicting orders have been issued, the Court herein wishes to correct the record.
In Plaintiff’s Motion, he correctly states that on July 15, 2011, the Court granted
Plaintiff leave to proceed in forma pauperis, but that on August 26, 2011, Plaintiff’s
Motion for Appointment of Counsel was denied because “[t]he plaintiff is not proceeding

in forma pauperis under 28 U.S.C. § 1915.” (ECF No. 30; see also Order Granting
Service, ECF No. 16; Order Denying Mtn. to Appoint Counsel, ECF No. 29 at n.1.)
Pursuant to 28 U.S.C. § 1915, a prisoner may be granted leave by the court to
proceed in forma pauperis in a civil action when not able to afford the initial filing fee.
See 28 U.S.C. § 1915. In the instant case, Plaintiff payed the court’s $350 filing fee on
the same date as he filed the Complaint, indicating to the Court that he did not intend to
proceed in forma pauperis.
In its Order Granting Service, the Court erroneously granted Plaintiff leave to
proceed in forma pauperis. Accordingly, the Court hereby GRANTS Plaintiff’s Motion
for Order to Correct the Record, ECF No. 30. The Court ORDERS as follows:
1)

That portion of the Order Granting Service granting Plaintiff leave to
proceed in forma pauperis, ECF No 16, be RESCINDED; and

2)

The Clerk shall send to Plaintiff an application to proceed in forma
pauperis so that an accurate determination may be made by the United
States Magistrate Judge.

Dated this 16th day of September, 2011.
BY THE COURT:

William J. Martínez
United States District Judge

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