Hampton et al v. State of Colorado, The et al

Filing 7

ORDER by Magistrate Judge Boyd N. Boland on 12/2/12 GRANTING 3 Motion for Leave to Proceed in Forma Pauperis; and DENYING as unnecessary 6 Plaintiff's Motion to Amend. ORDERED that the Clerk of the Court is directed to file the tendered Amended Complaint, ECF No. 6 at Attach. 1.(nmmsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 12-cv-02989-BNB
NATHANIEL HAMPTON,
Plaintiff,
v.
THE STATE OF COLORADO,
JUDGE BARNEY IUPPA, and
LIRA SIMS, Probation Officer,
Defendants.

ORDER GRANTING 28 U.S.C. § 1915 MOTION
WITHOUT PAYMENT OF INITIAL PARTIAL FILING FEE

Plaintiff, Nathaniel Hampton, currently is detained at the Delta Correctional
Center in Delta, Colorado. Mr. Hampton, acting pro se, has filed an Amended 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 Mr. Hampton 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. 3, 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 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
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payment, the Complaint may be dismissed without prejudice and without further
notice. It is
FURTHER ORDERED that Plaintiff’s Motion to Amend, ECF No. 6, is denied as
unnecessary. It is
FURTHER ORDERED that the Clerk of the Court is directed to file the tendered
Amended Complaint, ECF No. 6 at Attach. 1..
DATED December 2, 2012, at Denver, Colorado.
BY THE COURT:
s/Boyd N. Boland
United States Magistrate Judge

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