McConnell v. Lebmann et al

Filing 10

ORDER Allowing Plaintiff to Proceed Without Payment of an Initial Partial Filing Fee, by Magistrate Judge Boyd N. Boland on 8/28/2012. (skssl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 12-cv-01720-BNB
FRANKIE L. MCCONNELL,
Plaintiff,
v.
ISABELLA LEBMANN, and
MARSHALL MILLER,
Defendants.

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

Pursuant to the Court’s August 2, 2012, Order Granting Leave to Proceed
Pursuant to 28 U.S.C. §1915, Plaintiff, Frankie L. McConnell, filed an updated inmate
account statement to show cause why she has no assets and no means by which to
pay the designated initial partial filing fee. Based on the updated account statement she
submitted to the Court on August 24, 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 she has insufficient
funds in her inmate account to pay an initial partial filing fee and 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 she 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, Frankie L. McConnell, 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 her account or show cause why she 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 her trust fund account statement to
show cause. It is
FURTHER ORDERED that if Plaintiff fails to have the appropriate monthly
2

payment sent to the clerk of the Court each month or to show cause each month, as
directed above, why she 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 until further order of the
Court. 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 her payment obligations in the prior action or actions.
DATED August 28, 2012, at Denver, Colorado.

BY THE COURT:
s/Boyd N. Boland
United States Magistrate Judge

3