Graham v. Fisher et al

Filing 14

ORDER Allowing Plaintiff to Proceed Without Payment of Initial Partial Filing Fee, by Magistrate Judge Boyd N. Boland on 4/23/2012. (skssl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 12-cv-00511-BNB
ALBERT M. GRAHAM,
Plaintiff,
v.
THOMAS C. FISHER, M.D., (in his personal and professional capacity),
CARMEN MEYER, M.D., (in his/her personal and professional capacity),
ANDREA WHITE, P.A., (in his/her personal and professional capacity),
MARYBETH KALAMEYER, P.A., (in his/her personal and professional capacity),
PAULA FRANTZ, M.D., (in his/her personal and professional capacity), and
PHYSICIANS HEALTH PARTNERS,
Defendants.

ORDER ALLOWING PLAINTIFF TO PROCEED
WITHOUT PAYMENT OF INITIAL PARTIAL FILING FEE

In an order filed on March 29, 2012, the court granted Plaintiff leave to proceed in
forma pauperis pursuant to 28 U.S.C. § 1915. Pursuant to § 1915(b)(1), the court
ordered Plaintiff either to pay an initial partial filing fee of $6.00 or to show cause why he
has no assets and no means by which to pay the initial partial filing fee. On April 20,
2012, Plaintiff submitted a certified copy of his inmate trust fund account statement that
shows the available balance in his inmate account as of April 18, 2012, is $0.30. The
affidavit Plaintiff previously submitted in support of his motion seeking leave to proceed
in forma pauperis reveals no other assets.
Title 28 U.S.C. § 1915 requires a prisoner bringing a civil action “to pay the full
amount of a filing fee.” 28 U.S.C. § 1915(b)(1). However, “[i]n no event shall a prisoner

be prohibited from bringing a civil action or appealing a civil or criminal judgment for the
reason that the prisoner has no assets and no means by which to pay the initial partial
filing fee.” 28 U.S.C. § 1915(b)(4). Therefore, because he has demonstrated that he
has no assets and no means by which to pay the initial partial filing fee, Plaintiff will be
allowed to proceed in this action without payment of the initial partial filing fee
designated in the court’s March 29 order. Plaintiff remains obligated to pay the full
$350.00 filing fee through monthly installments as directed in the court’s March 29 order
and reiterated below. Accordingly, it is
ORDERED that Plaintiff may proceed in this action without payment of the initial
partial filing fee designated in the court’s March 29, 2012, order because he has shown
cause why he has no assets and no means by which to pay an initial partial filing fee.
Plaintiff remains obligated to pay the full amount of the required $350.00 filing fee
pursuant to § 1915(b)(1). It is
FURTHER ORDERED that until the $350.00 filing fee is paid in full, Plaintiff shall
make monthly payments to the court of twenty (20) percent of the preceding month’s
income credited to his account or show cause why he has no assets and no means by
which to make each monthly payment. Plaintiff is directed to make the necessary
arrangements to have the monthly payments identified by the civil action number on this
order. In order to show cause, Plaintiff must file a current certified copy of his trust fund
account statement. It is
FURTHER ORDERED that if Plaintiff fails to have the appropriate payment sent
to the clerk of the court each month or to show cause each month as directed above
why he has no assets and no means by which to make the monthly payment, the
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complaint may be dismissed without prejudice and without further notice. It is
FURTHER ORDERED that the court may dismiss this action and may apply
all or part of the filing fee payments tendered in this action to satisfy any filing fee
debt the plaintiff may owe in a prior action or actions if the plaintiff fails to stay
current with his payment obligations in the prior action or actions.
DATED April 23, 2012, at Denver, Colorado.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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