Ellis v. Police Department et al

Filing 8

ORDER re: VACATING 5 Order, by Magistrate Judge Boyd N. Boland on 7/30/2012. (skssl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-01853-BNB
TONY LEE ELLIS,
Plaintiff,
v.
POLICE DEPARTMENT,
SHERIFFS DEPARTMENT,
DISTRICT ATTORNEY’S OFFICE,
PUBLIC DEFENDER’S OFFICE,
COURT DIRECTORS OF FOREGOINGS,
DEPARTMENT OF CORRECTIONS,
PROBATIONS DEPARTMENT, and
SOCIAL SECURITY ADM.,
Defendants.

ORDER

At the time Plaintiff, Tony Lee Ellis, initiated the instant action, he was detained at
the Denver County Jail in Denver, Colorado. On July 25, 2012, Plaintiff submitted to the
Court a Notice of Change of Address indicating that he no longer is incarcerated and
now is residing in Denver, Colorado.
Plaintiff’s continuing obligation to pay the filing fee is to be determined, like any
nonprisoner, solely on the basis of whether he qualifies for in forma pauperis status.
See Whitney v. New Mexico, 113 F.3d 1170, 1171 n.1 (10th Cir. 1997); see also McGore
v. Wrigglesworth, 114 F.3d 601, 612-13 (6th Cir. 1997); In re Prison Litigation Reform
Act, 105 F.3d 1131, 1138-39 (6th Cir. 1997); McGann v. Commissioner, Soc. Sec.
Admin., 96 F.3d 28, 29-30 (2d Cir. 1996). Therefore, Plaintiff will be ordered to submit
an Amended Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C.

§ 1915. Alternatively, Plaintiff may elect to pay the $350.00 filing fee to pursue his
claims in this action.
The Court also notes that Plaintiff’s Complaint is missing an original signature
and addresses for named defendants. Accordingly, it is
ORDERED that the Court’s Order to Cure Deficiencies, ECF No. 5, is vacate,
given that Plaintiff no longer is incarcerated. It is
FURTHER ORDERED that within thirty days from the date of this Order Plaintiff
submit to the Court an Amended Motion and Affidavit for Leave to Proceed Pursuant to
28 U.S.C. § 1915. Alternatively, Plaintiff may elect to pay the $350.00 filing fee to
pursue his claims in this action. It is
FURTHER ORDERED that within thirty days from the date of this Order Plaintiff
submit to the Court a complaint that has an original signature and provides addresses
for named defendants. It is
FURTHER ORDERED that Plaintiff shall obtain the Court-approved form used by
nonprisoners to request leave to proceed pursuant to 28 U.S.C. § 1915 and the Courtapproved form used for filing complaints, along with the applicable instructions, at
www.cod.uscourts.gov. It is
FURTHER ORDERED that if Plaintiff fails to comply with the instant Order, within
thirty days of the date of the Order, the Complaint and action will be dismissed without
further notice.
DATED July 30, 2012, at Denver, Colorado.
BY THE COURT:

/s/ Boyd N. Boland
United States Magistrate Judge