Smith v. Lyden et al
Filing
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AMENDED ORDER granting 4 MOTION and Affidavit for Leave to Proceed Under 28 U.S.C. 1915 filed by Tommy Smith, by Magistrate Judge Boyd N. Boland on 4/20/2013. (skl)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-00964-BNB
(The above civil action number must appear on all future papers
sent to the court in this action. Failure to include this number
may result in a delay in the consideration of your claims.)
TOMMY SMITH,
Plaintiff,
v.
TIMOTHY LYDEN,
TAMMY ANDING,
JOE DRIVER, and
G.E.O. CORP. OF AMERICA,
Defendants.
AMENDED ORDER GRANTING LEAVE TO PROCEED
PURSUANT TO 28 U.S.C. § 1915
Plaintiff, Tommy Smith, is a prisoner in the custody of the Colorado Department
of Corrections who currently is incarcerated at the Hudson Correctional Center in
Hudson, Colorado. He has submitted a Prisoner’s Motion and Affidavit for Leave to
Proceed Pursuant to 28 U.S.C. § 1915 and a Prisoner Complaint. 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 Plaintiff’s financial status, the Court finds that Plaintiff is
able to pay an initial partial filing fee of $8.00 pursuant to 28 U.S.C. § 1915(b)(1).
Plaintiff has consented to disbursement of partial payments of the filing fee from his
prison account. Plaintiff is required to pay the full amount of the required $350.00 filing
fee pursuant to
§ 1915(b)(1) regardless of the outcome of this action. Accordingly, it is
ORDERED that the Prisoner’s Motion and Affidavit for Leave to Proceed
Pursuant to 28 U.S.C. § 1915, ECF No. 4, is granted. It is
FURTHER ORDERED that, within thirty days of the date of this Order Plaintiff’s
custodian shall disburse from Plaintiff’s prison account, if funds are available in keeping
with 28 U.S.C. § 1915(b), an initial partial filing fee of $8.00 to the Clerk of the United
States District Court for the District of Colorado, which represents 20 percent of the
greater of the (1) average monthly deposits, or (2) average monthly balance in Plaintiff’s
prison accounts for the six-month period immediately preceding the filing of the
complaint. It is
FURTHER ORDERED that after payment of the initial partial filing fee, Plaintiff’s
custodian shall disburse from Plaintiff’s prison account monthly payments of 20 percent
of the preceding month’s income credited to this prison account until he has paid the
total filing fee of $350.00. See 28 U.S.C. §1915(b)(2). Interference by Plaintiff in the
submission of these funds shall result in the dismissal of this action. It is
FURTHER ORDERED that Plaintiff is advised that notwithstanding any filing fee,
or any portion thereof, that may have been paid, the Court shall dismiss at any time all
or any part of such complaint which (1) is frivolous or malicious; (2) fails to state a claim
on which relief can be granted; or (3) seeks monetary relief from a defendant who is
immune from such relief. See 28 U.S.C. §1915(A)(b); 28 U.S.C. § 1915(e)(2). It is
FURTHER ORDERED that Plaintiff’s custodian shall continue to disburse
monthly payments from Plaintiff’s prison account until full payment of the filing fee has
been received by the Court, even after disposition of the case and regardless of
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whether relief is granted or denied. It is
FURTHER ORDERED that the Clerk of the Court shall not issue process
until further order of the Court. It is
FURTHER ORDERED that the Clerk of the Court shall send a copy of this Order
to Hudson Correctional Center, Business Office, ATT: Inmate Accounts.
DATED April 20, 2013, at Denver, Colorado.
BY THE COURT:
s/Boyd N. Boland
United States Magistrate Judge
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