McMurtry v. Beatty et al

Filing 7

ORDER Directing Plaintiff to Submit Amended Motion for Leave to Proceed Pursuant to 28 U.S.C. § 1915. FURTHER ORDERED that the Clerk of the Court mail to Plaintiff, together with a copy of this Order, two copies of the Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 form used by nonprisoners in submitting requests to proceed pursuant to § 1915, by Magistrate Judge Boyd N. Boland on 11/2/11. (lyg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-02459-BNB
GREGG PHILIP McMURTRY,
Plaintiff,
v.
AMANDA NICHOLE BEATTY,
MARK YURKY,
CELESTE M. QUINONES,
MICKEY HECKENBACH,
MICHAEL E. ANDERSON,
JOHN M. O’DELL,
DEBORAH C. ALLEN,
BECKY R. LUCERO, and
REBECCA L. OAKES,

ORDER DIRECTING PLAINTIFF TO SUBMIT AMENDED MOTION
FOR LEAVE TO PROCEED PURSUANT TO 28 U.S.C. § 1915

At the time Plaintiff, Gregg Philip McMurtry, initiated the instant action, he was
incarcerated at the Buena Vista Correctional Facility. On October 3, 2011, Plaintiff
submitted to the Court a Notice of Change of Address indicating that he no longer is
incarcerated and now is residing in Denver, Colorado.
Plaintiff’s continuing obligation to pay the filing fee is to be determined, like any
nonprisoner, solely on the basis of whether he qualifies for in forma pauperis status.
See Whitney v. New Mexico, 113 F.3d 1170, 1171 n.1 (10th Cir. 1997); see also McGore
v. Wrigglesworth, 114 F.3d 601, 612-13 (6th Cir. 1997); In re Prison Litigation Reform
Act, 105 F.3d 1131, 1138-39 (6th Cir. 1997); McGann v. Commissioner, Soc. Sec.
Admin., 96 F.3d 28, 29-30 (2d Cir. 1996). Therefore, Plaintiff will be ordered to submit

an Amended Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C.
§ 1915. Alternatively, Plaintiff may elect to pay the $350.00 filing fee to pursue his
claims in this action. Accordingly, it is
ORDERED that within thirty days from the date of this Order Plaintiff submit to
the Court an Amended Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C.
§ 1915. Alternatively, Plaintiff may elect to pay the $350.00 filing fee to pursue his
claims in this action. It is
FURTHER ORDERED that the Clerk of the Court mail to Plaintiff, together with a
copy of this Order, two copies of the Motion and Affidavit for Leave to Proceed Pursuant
to 28 U.S.C. § 1915 form used by nonprisoners in submitting requests to proceed
pursuant to § 1915. It is
FURTHER ORDERED that if Plaintiff fails to comply with the instant Order, within
thirty days of the date of the Order, the Complaint and action will be dismissed without
further notice.
DATED November 2, 2011, at Denver, Colorado.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge