Hickmon v. Jefferson County Sheriff's Office et al
ORDER of Dismissal. ORDERED that the Complaint and action are dismissed without prejudice. FURTHER ORDERED that leave to proceed in forma pauperis on appeal is denied, by Judge Lewis T. Babcock on 12/13/12. (sgrim)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-02624-BNB
JEFFERSON COUNTY SHERIFF”S OFFICE, and
CORRECTIONAL HEALTHCARE MANAGEMENT,
ORDER OF DISMISSAL
In an order entered on November 7, 2012, Magistrate Judge Boyd N. Boland
granted Mr. Hickmon leave to proceed pursuant to § 1915 and instructed him to pay a
$30.00 initial partial filing fee. Magistrate Judge Boland also instructed Mr. Hickmon
that if he is unable to pay the initial partial filing fee he must file a current certified
account statement that shows cause why he has no assets and no means by which to
pay the fee.
Magistrate Judge Boland warned Mr. Hickmon that the action would be
dismissed without further notice if either he failed to pay the initial partial fee within thirty
days or in the alternative he failed to show cause why he is unable to do so. On
November 29, 2012, Mr. Hickmon filed a Letter and a copy of his trust fund account
statement. First, the account statement is not current. It is certified and dated
November 4, 2012. Second, Mr. Hickmon suggests the Court agree to his paying the
entire fee out of any funds he is awarded if the Court rules in his favor. Mr. Hickmon
contends that the deposits to his account are inconsistent and the source he is relying
on to pay the $30.00 in time may not be able to do so.
Mr. Hickmon is required to pay the filing fee in accordance with 28 U.S.C.
§ 1915(b). An initial partial filing fee is determined based on the average balance in or
deposits to a prison account over the six months immediately preceding the filing of the
prisoner complaint. The partial fee is not based on when and if a prisoner may receive
monies from an outside source. If Mr. Hickmon does not have the funds in his account
to pay the $30.00 initial partial filing fee he must submit a current certified account
statement to show cause why he is not able to pay the initial fee.
The November 4, 2012 account statement does not comply with the November 7,
2012 Order, because the statement is not current. The action, therefore, will be
dismissed without prejudice for failure to comply with the November 7 Order.
Finally, the Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal
from this Order is not taken in good faith, and, therefore, in forma pauperis status will be
denied for the purpose of appeal. See Coppedge v. United States, 369 U.S. 438
(1962). If Mr. Hickmon files a notice of appeal he must also pay the full $455.00
appellate filing fee or file a motion to proceed in forma pauperis in the United States
Court of Appeals for the Tenth Circuit within thirty days in accordance with Fed. R. App.
P. 24. Accordingly, it is
ORDERED that the Complaint and action are dismissed without prejudice
pursuant to Fed. R. Civ. P. 41(b) for failure either to pay the initial partial filing fee or in
the alternative to show cause. It is
FURTHER ORDERED that leave to proceed in forma pauperis on appeal is
DATED at Denver, Colorado, this 13th
BY THE COURT:
s/Lewis T. Babcock
LEWIS T. BABCOCK, Judge
United States District Court
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