Brown v. Bach et al
ORDER for Amended In Forma Pauperis Motion; denying as premature 25 Motin [sic]: Request for Admission, by Magistrate Judge Boyd N. Boland on 7/24/2014.(slibi, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-00732-BNB
SHAUN ERIC BROWN, also known as
MAYOR STEVE BACH,
CHIEF PETER CAREY,
SGT. MARY G. WALSH 169,
PEACE OFFICER A. CAREY 4156,
PEACE OFFICER S. WREN 4179, and
UNKNOWN AGENTS, et al.,
ORDER FOR AMENDED IN FORMA PAUPERIS MOTION
Plaintiff, Shaun Eric Brown, was incarcerated at the El Paso County Criminal
Justice Center in Colorado Springs, Colorado, when he initiated this action by filing pro
se a Prisoner Complaint (ECF No. 1) for money damages pursuant to 42 U.S.C. § 1983,
as well as 28 U.S.C. § 1331 and Bivens v. Six Unknown Named Agents of Fed. Bureau
of Narcotics, 403 U.S. 388 (1971). He has filed an amended Prisoner Complaint (ECF
No. 21). Mr. Brown has been granted leave to proceed pursuant to 28 U.S.C. § 1915.
On July 23, 2014, Mr. Brown filed a notice of change of address (ECF No. 28)
informing the Court that he currently resides at 709 South Sierra Madre, Colorado
Springs, Colorado. He apparently no longer is incarcerated. His continuing obligation
to pay the filing fee is to be determined, like any nonprisoner, solely on the basis of
whether he qualifies for in forma pauperis status. See Whitney v. New Mexico, 113
F.3d 1170, 1171 n.1 (10th Cir. 1997); see also McGore v. Wrigglesworth, 114 F.3d 601,
612-13 (6th Cir. 1997); In re Prison Litigation Reform Act, 105 F.3d 1131, 1138-39 (6th
Cir. 1997); McGann v. Commissioner, Soc. Sec. Admin., 96 F.3d 28, 29-30 (2d Cir.
1996). Therefore, Plaintiff will be ordered to submit on the Court-approved form an
Application to Proceed in District Court Without Prepaying Fees or Costs, the in forma
pauperis form to be used by nonprisoners. Alternatively, Plaintiff may elect to pay the
$400.00 filing fee to pursue his claims in this action.
Accordingly, it is
ORDERED that Plaintiff shall obtain the Court-approved form for filing an
Application to Proceed in District Court Without Prepaying Fees or Costs, along with the
applicable instructions, at www.cod.uscourts.gov. It is
FURTHER ORDERED that, if Plaintiff fails to file on the Court-approved form an
Application to Proceed in District Court Without Prepaying Fees or Costs within thirty
days from the date of this order, the action will be dismissed without further notice. It
FURTHER ORDERED that the motion titled “Motin [sic]: Request for Admission”
(ECF No. 25) filed on June 30, 2014, is denied as premature.
DATED July 24, 2014, at Denver, Colorado.
BY THE COURT:
s/Boyd N. Boland
United States Magistrate Judge
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