Moore v. Adams County Detention Facility et al

Filing 5

ORDER Directing Plaintiff To Submit Amended Motion for Leave to Proceed Pursuant to 28 U.S.C. 1915, by Magistrate Judge Boyd N. Boland on 09/05/12. (nmmsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-02322-BNB
CORNELIUS MOORE,
Plaintiff,
v.
ADAMS COUNTY DETENTION FACILITY,
MS. DIANE, Medical Supervisor,
SUZZANE DOE, Acting Lieutenant,
JOHN DOE, Adams County Sheriff,
MS. ROBYN DOE, Nurse,
JOHN DOE, Doctor 1 & 2,
MR. JIM DOE, Nurse Practitioner, and
JANE DOE DOCTOR,
Defendants.

ORDER DIRECTING PLAINTIFF TO SUBMIT AMENDED MOTION
FOR LEAVE TO PROCEED PURSUANT TO 28 U.S.C. § 1915

At the time Plaintiff, Cornelius Moore, initiated the instant action, he was detained
at the Adams County Detention Facility in Brighton, Colorado. In a Letter filed with the
Court on August 29, 2012, Plaintiff indicated that after August 27, 2012, his new
address would be 2120 N.W. 50th, Lincoln, Nebraska. It appears that Plaintiff no longer
is incarcerated.
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. Accordingly, it is
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 Plaintiff shall obtain the Court-approved form used in
filing a 28 U.S.C. § 1915 Motion and Affidavit, 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 September 5, 2012, at Denver, Colorado.
BY THE COURT:
s/Boyd N. Boland
United States Magistrate Judge