Vreeland v. Schwartz et al

Filing 6

ORDER by Magistrate Judge Boyd N. Boland on 01/28/14. Plaintiff is directed to confirm his desire to proceed with this action pursuant to 28 U.S.C. § 1915 and to authorized disbursement of the funds from his inmate account, or if he does not de sire to proceed pursuant to § 1915 he is directed to pay the $400.00 filing fee in full within thirty days of the date of this Order. (nmarb, ) (Main Document 6 replaced on 1/28/2014) (nmarb, ). Modified on 1/28/2014 to replace document with signed order. (nmarb, ).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 13-cv-03515-BNB
DELMART, E.J.M., VREELAND, II,
Plaintiff,
v.
CELIA SCHWARTZ, Legal Assistant II,
LIEUTENANT S. MORGAN, BVCF/North Unit,
SERGEANT G. WOOD, BVCF/North Unit,
CASE MANAGER J. HANSEN, BVCF/North Unit,
D. COTTEN, Administrative Services Manager,
W. BRUNELL, Associate Warden,
J. DAVIS, Warden, and
RICHARD RAEMISCH, Executive Director,
Defendants.

ORDER

At issue is Plaintiff’s Response, ECF No. 5, filed on January 27, 2014. In the
Response, Plaintiff asks that the Court accept a payment plan for the required $350.001
filing fee that is different than the payment plan set forth in 28 U.S.C. § 1915. Title 28
U.S.C. § 1915(b)(2) requires that a prisoner “make monthly payments of 20 percent of
the preceding month’s income credited to the prisoner’s account,” provided the
prisoner’s account exceeds $10.00. This provision requires the prisoner to make the
payment at the time his account is credited, before the prisoner engages in other,

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The $50 administrative filing fee does not apply to persons granted in forma pauperis
status under 28 U.S.C. 1915. See U.S. District Court District of Colorado Schedule of Fees
(www.cod.uscourts.gov)

discretionary spending of that income. Harris v. Colorado Dept. of Corrections, 2000
WL 33193816, at *1 (D. Colo. Dec. 19, 2000). Plaintiff’s request to submit payments
separate from the procedure outlined in § 1915(b) is denied.
On December 30, 2013, Plaintiff submitted a signed authorization agreeing to
disbursement of monthly payments from his prison account for payment against the
$350.00 filing fee in keeping with 28 U.S.C. § 1915. The Court will direct Plaintiff to
confirm his agreement to the disbursement and to proceed with this case pursuant to
§ 1915. Accordingly, it is
ORDERED that Plaintiff is directed to comply with this Order as set forth above
and confirm his desire to proceed with this action pursuant to 28 U.S.C. § 1915 and to
authorize disbursement of the funds from his inmate account. It is
FURTHER ORDERED that if Plaintiff does not desire to proceed pursuant to
§ 1915 he is directed to pay the $400.00 filing fee in full within thirty days of the date of

this Order. It is
FURTHER ORDERED that if Plaintiff fails to comply within in thirty days of the
date of this Order, the Prisoner Complaint will be dismissed without further notice.
DATED January 28, 2014, at Denver, Colorado.
BY THE COURT:
s/Boyd N. Boland
United States Magistrate Judge

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