Griffin v. Hickenlooper et al

Filing 20

ORDER To Discharge 15 Order to Show Cause to Plaintiff, by Magistrate Judge Boyd N. Boland on 09/04/12. (nmmsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 12-cv-01379-BNB
ELDRIDGE L. GRIFFIN,
Plaintiff,
v.
JOHN HICKENLOOPER, Governor, State of Colorado,
TOM CLEMENTS, Executive Director of Department of Corrections,
PAROLE OFFICER ROBERTS, Division Adult Parole, and in personal and official
capacity,
RAIDAH SHEPARD, MD, Denver Reception Diagnostic Center, and in personal and
official capacity,
AMY COSNER, Legal Services, Department of Correction, and in personal and official
capacity,
BERNADETTE SCOTT, ADA Facility Coordinator, SCF, and in personal and official
capacity, and
JANE AND JOHN DOE, Unknown Individuals, Nurse DRDC,
Defendants.

ORDER TO DISCHARGE SHOW-CAUSE ORDER

Plaintiff, Eldridge L. Griffin, is a prisoner in the custody of the Colorado
Department of Corrections at the Sterling Correctional Facility in Sterling, Colorado. On
August 9, 2012, the court ordered Mr. Griffin to show cause why this action should not
be dismissed for failure to comply with the filing fee payment requirements of 28 U.S.C.
§ 1915(b)(2). Mr. Griffin specifically was advised that, in order to show good cause, he
must submit a certified copy of his inmate trust fund account statement for the period
from May through July 2012 and, if he was required to make a filing fee payment in any
of those months, he also must make the required monthly filing fee payment(s).

On August 23, 2012, Mr. Griffin submitted a certified copy of his inmate trust fund
account statement that indicates he has had a negative balance in his inmate trust fund
account for the entire period from May 1, 2012, through July 31, 2012. Therefore, the
court finds that Mr. Griffin has shown good cause for his failure to make any monthly
filing fee payments between June 2012 and August 2012 and the Order to Show Cause
will be discharged. However, Mr. Griffin is reminded that even if he is unable to make
monthly filing fee payments in the future he still must submit a certified copy of his
inmate trust fund account statement each month in order to show cause why he is
unable to make a monthly filing fee payment. Accordingly, it is
ORDERED that the court’s Order to Show Cause (ECF No. 15) filed in this action
on August 9, 2012, is discharged.
DATED September 4, 2012, at Denver, Colorado.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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