Lattin v. Federal Bureau of Prisons et al

Filing 21

ORDER by Magistrate Judge Boyd N. Boland on 08/06/12 DENYING as premature 7 Motion to Appoint Counsel ; DENYING as premature 10 Motion to Appoint Counsel ; DENYING as moot 11 Motion for Order; DENYING as premature 17 Motion to Appoint Counsel ;and GRANTING 2 Motion for Leave to Proceed in Forma Pauperis. (nmmsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-01118-BNB
BRETT MATHEW LATTIN,
Plaintiff,
v.
FEDERAL BUREAU OF PRISONS,
FPC FLORENCE COLORADO,
FEDERAL BUREAU OF INVESTIGATION, and
COLORADO SPRINGS,
Defendants.

ORDER GRANTING LEAVE TO PROCEED PURSUANT TO 28 U.S.C. § 1915

Plaintiff, Brett Mathew Lattin, has submitted a Prisoner’s Motion and Affidavit for
Leave to Proceed Pursuant to 28 U.S.C. § 1915 (ECF No. 2) and a Prisoner Complaint.
The Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915
will be granted. Based on the information about the plaintiff’s financial status, the court
finds that the plaintiff is able to pay an initial partial filing fee of $239.00 pursuant to
§ 1915(b)(1). Accordingly, it is
ORDERED that the Prisoner’s Motion and Affidavit for Leave to Proceed
Pursuant to 28 U.S.C. § 1915 (ECF No. 2) is granted. Plaintiff shall be 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. It is
FURTHER ORDERED that the plaintiff shall pay an initial partial filing fee of
$3.00. Plaintiff shall have thirty (30) days from the date of this order in which to have

the designated fee sent to the clerk of the court or show cause why he has no assets
and no means by which to pay the designated initial partial filing fee. In order to show
cause, the plaintiff must file a current certified copy of his trust fund account statement.
It is
FURTHER ORDERED that the clerk of the court shall provide the plaintiff with
two copies of this order. Plaintiff is directed to make the necessary arrangements to
have one copy of this order attached to the payment in the amount of the designated
initial partial filing fee. It is
FURTHER ORDERED that the court will not review the merits of the Prisoner
Complaint until the initial partial filing fee is paid or the plaintiff shows cause as directed
above why he has no assets and no means by which to pay the designated initial partial
filing fee. It is
FURTHER ORDERED that, after payment of the initial partial filing fee, the
plaintiff shall be required to make monthly payments of twenty percent (20%) of the
preceding month's income credited to his trust fund account or show cause each month
as directed above why he has no assets and no means by which to make the monthly
payment. Plaintiff is directed to make the necessary arrangements to have each
monthly payment identified by the civil action number on this order. It is
FURTHER ORDERED that if within the time allowed the plaintiff fails to have the
designated initial partial filing fee or monthly payments sent to the clerk of the court or to
show cause as directed above why he has no assets and no means by which to pay the
designated initial partial filing fee or make the monthly payments, the Prisoner
Complaint will be dismissed without further notice. It is
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FURTHER ORDERED that plaintiff’s request for the appointment of counsel
(ECF No. 7), motion for the appointment of counsel (ECF No. 10), and request for
appointment of counsel (ECF No. 17) are denied as premature. It is
FURTHER ORDERED that the motion for this case to be heard without a copy of
plaintiff’s trust fund account statement (ECF No. 11) is denied as moot. Plaintiff
provided a certified copy of his prison trust fund account statement to the Court on
August 2, 2012 (ECF No. 20). 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 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 August 6, 2012, at Denver, Colorado.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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