Wilson v. People of the State of Colorado, The et al
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).
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-01897-BNB
STEPHEN THENE SPARKS,
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.
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
DATED January 15, 2013, at Denver, Colorado.
BY THE COURT:
s/Boyd N. Boland
United States Magistrate Judge
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