Watts v. Shulman et al

Filing 12

ORDER granting 11 Motion for Leave to Proceed in Forma Pauperis; denying as moot 3 Motion for Leave to Proceed in Forma Pauperis; denying as moot 5 Motion for Leave to Proceed in Forma Pauperis; denying as moot 6 Motion for Order; denying as moot 9 Motion for Order; by Magistrate Judge Boyd N. Boland on 1/22/2013.(skl)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 12-cv-02993-BNB HOWARD M. WATTS, JR., Plaintiff, v. DOUGLAS SHULMAN, Commissioner IRS, MICHAEL ASTRUE, Commissioner SSA, CAROLYN SIMMONS, Associate Commissioner, ANNETTE STREETER, Appeals Area Director, IRS, J. TRUJILLO, Collections Agent, IRS, ELLEN DEMITRE, Tax Payer Advocate, IRS, Defendants. ORDER GRANTING PLAINTIFF LEAVE TO PROCEED PURSUANT TO 28 U.S.C. § 1915 Plaintiff has filed pro se a Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 (ECF No. 11) and an amended complaint. The motion and affidavit indicate that Plaintiff should be granted leave to proceed pursuant to 28 U.S.C. § 1915 solely on the basis of inability to prepay fees or give security therefor. Accordingly it is ORDERED that the Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 (ECF No. 11) is granted. It is FURTHER ORDERED that the court review the complaint pursuant to 28 U.S.C. § 1915(e)(2)(B) to determine if the complaint is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary relief against a defendant who is immune from such relief. It is FURTHER ORDERED that process shall not issue at this time. It is FURTHER ORDERED that the Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 (ECF No. 3), the Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 (ECF No. 5), the Application to Proceed in District Court without Prepaying Fees or Costs (ECF No. 6), and the Application to Proceed in District Court without Prepaying Fees or Costs (ECF No. 9) are denied as moot. DATED January 22, 2013, at Denver, Colorado. BY THE COURT: s/ Boyd N. Boland United States Magistrate Judge 2

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