Sarvis v. Nan Scranton et al
Filing
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ORDER Allowing Plaintiff To Proceed Without Payment of An Initial Partial Filing Fee, by Magistrate Judge Boyd N. Boland on 06/19/12. (nmmsl, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-00759-BNB
RUSTY LEE SARVIS,
Plaintiff,
v.
NAN SCRANTON, El Paso County District Attorney,
TAMRA BOWMAN, Public Defender Office,
CLAYTON C. BLACKWELL, ICAC Officer, and
PEGGY HEIL, SOTMP,
Defendants.
ORDER ALLOWING PLAINTIFF TO PROCEED
WITHOUT PAYMENT OF AN INITIAL PARTIAL FILING FEE
Pursuant to the Court’s June 6, 2012, Order Granting Leave to Proceed Pursuant
to 28 U.S.C. §1915, Plaintiff filed an updated inmate account statement to show cause
why he has no assets and no means by which to pay the designated initial partial filing
fee. Based on the updated account statement that he submitted to the Court on June
18, 2012, the Court finds that Plaintiff is unable to pay an initial partial filing fee pursuant
to 28 U.S.C. § 1915(b)(1).
Section 1915 requires a prisoner bringing a civil action “to pay the full amount of
a filing fee.” 28 U.S.C. § 1915(b)(1). If a prisoner is unable to afford the full amount of
the filing fee when the case is filed, the statute provides for payment of the filing fee
through an initial partial filing fee and monthly installments of the balance until the full
filing fee is paid. 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).
Because Plaintiff’s trust fund account statement indicates that he has insufficient
funds in his inmate account to pay an initial partial filing fee and that he has no other
available assets, Plaintiff may proceed in this action without payment of an initial partial
filing fee. The Court will proceed to review Plaintiff's Complaint pursuant to 28 U.S.C.
§ 1915(e)(2)(B) to determine whether it is frivolous or malicious, or seeks monetary
relief against a defendant who is immune from such relief.
Although he need not pay an initial partial filing fee, Plaintiff remains obligated to
pay the required $350.00 filing fee through monthly installments as directed in this
Order. Accordingly, it is
ORDERED that Plaintiff may proceed in this action without payment of an initial
partial filing fee. Plaintiff remains obligated to pay the full amount of the required
$350.00 filing fee pursuant to 28 U.S.C. § 1915(b)(1) regardless of the outcome of this
action. 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 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. Plaintiff must file a current certified copy of his trust fund account statement to
show cause. It is
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FURTHER ORDERED that if Plaintiff fails to have the appropriate monthly
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 Complaint may be dismissed without further notice. It is
FURTHER ORDERED that process shall not issue at this time. 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 Plaintiff may owe in a prior action or actions if Plaintiff fails to stay current
with his payment obligations in the prior action or actions.
DATED June 19, 2012, at Denver, Colorado.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge
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