Villa v. Habas
ORDER granting 11 Motion for Leave to Proceed in Forma Pauperis; denying as premature 13 Pro Se Motion Asking the Court to Set a Jury Trial Date, by Magistrate Judge Boyd N. Boland on 8/20/2012.(skssl, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-01810-BNB
REYNALDO Y. VILLA,
JUDGE CHRISTAN HABAS,
ORDER GRANTING 28 U.S.C. § 1915 MOTION
WITHOUT PAYMENT OF INITIAL PARTIAL FILING FEE
Plaintiff, Reynaldo Y. Villa, is a prisoner in the custody of the Colorado
Department of Corrections who is currently incarcerated at the Sterling Correctional
Facility in Sterling, Colorado. Plaintiff has filed pro se a Prisoner Complaint and a
Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915. 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 his financial status, the court finds that
Plaintiff is unable to pay an initial partial filing fee pursuant to § 1915(b)(1).
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). 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).
Plaintiff may proceed in this action without payment of an initial partial filing fee.
However, 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 the Prisoner’s Motion and Affidavit for Leave to Proceed
Pursuant to 28 U.S.C. § 1915 (ECF No. 11) filed on August 16, 2012, is granted. It is
FURTHER 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 § 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 (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 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 prejudice and without further notice.
FURTHER ORDERED that the “Pro Se Motion Asking the Court to Set a Jury
Trial Date and Requesting a Court Order for a Copy of All Trial [sic] Transcripts” (ECF
No. 13) is DENIED as premature.
FURTHER ORDERED that process shall not issue at this time.
DATED August 20, 2012, at Denver, Colorado.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge
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