Bynum v. Hancock et al

Filing 98

ORDER Directing Prison to Disburse Funds for Monthly Payments. By Magistrate Judge Michael J. Watanabe on 4/11/2013. (klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-00064-WYD-MJW
CECIL BYNUM,
Plaintiff(s),
v.
MUNICIPALITY, CITY AND COUNTY OF DENVER,
KERI JOHNSON,
DAVID RYAN,
AP RICHMOND,
J CASIAS,
J ANDREWS,
J SIMMONS, and
ROBERT HART
Defendant(s).

ORDER DIRECTING PRISON TO DISBURSE FUNDS
FOR MONTHLY PAYMENTS

Plaintiff, Cecil Bynum, is a prisoner in the custody of the Colorado Department of
Corrections who currently is incarcerated at the Kit Carson Correctional Center in
Burlington, 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).

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 send a copy of this Order
to [e-mail].
DATED April 11, 2013, at Denver, Colorado.
BY THE COURT:
s/Michael J. Watanabe
United States Magistrate Judge