Wilson v. People of the State of Colorado, The et al

Filing 18

ORDER Directing Prison to Disburse Funds for Monthly Payments, by Magistrate Judge Boyd N. Boland on 1/15/2013. (skl) Modified on 1/15/2013 this was inadvertently docketed, belongs in case 12-cv-1897-BNB (skl).

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 11-cv-01897-BNB STEPHEN THENE SPARKS, Plaintiff, v. TEJINDER SINGH, Physician Assistant, LISA HANKS, Nurse, TED LAWRENCE, Physician Assistant/Acting Health Service Administrator, MICHAEL AASEN, MD, ROBBIE QUICK, Health Service Administrator, TOM CLEMENTS, C.D.O.C. Director, STEVE HARTLEY, Warden, and COLORADO HEALTH PARTNERS, C.H.P. Defendants. ORDER DIRECTING PRISON TO DISBURSE FUNDS FOR MONTHLY PAYMENTS Plaintiff, Stephen Then Sparks, is a prisoner in the custody of the Colorado Department of Corrections who currently is incarcerated at the Fremont Correctional Facility in Cañon City, Colorado. Plaintiff has consented to disbursement of partial payments of the filing fee from his prison account. Plaintiff is required to pay the full amount of the required $350.00 filing fee pursuant to § 1915(b)(1) regardless of the outcome of this action. Accordingly, it is ORDERED that Plaintiff’s custodian shall disburse from Plaintiff’s prison account monthly payments of 20 percent of the preceding month’s income credited to this prison account until he has paid the total filing fee of $350.00. See 28 U.S.C. §1915(b)(2). Interference by Plaintiff in the submission of these funds shall result in the dismissal of this action. It is FURTHER ORDERED that Plaintiff is advised that notwithstanding any filing fee, or any portion thereof, that may have been paid, the Court shall dismiss at any time all or any part of such complaint which (1) is frivolous or malicious; (2) fails to state a claim on which relief can be granted; or (3) seeks monetary relief from a defendant who is immune from such relief. See 28 U.S.C. §1915(A)(b); 28 U.S.C. § 1915(e)(2). It is FURTHER ORDERED that Plaintiff’s custodian shall continue to disburse monthly payments from Plaintiff’s prison account until full payment of the filing fee has been received by the Court, even after disposition of the case and regardless of whether relief is granted or denied. It is FURTHER ORDERED that the Clerk of the Court shall not issue process until further order of the Court. It is FURTHER ORDERED that the Clerk of the Court shall send a copy of this Order to DOC_inmateaccounts@state.co.us. DATED January 15, 2013, at Denver, Colorado. BY THE COURT: s/Boyd N. Boland United States Magistrate Judge 2

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