Plummer v. McDermott et al
Filing
5
ORDER Granting Leave to Proceed Pursuant to 28 U.S.C. §1915, by Magistrate Judge Boyd N. Boland on 04/30/14. (nmarb, ) (Main Document 5 replaced on 4/30/2014) (nmarb, ). Modified on 4/30/2014 to replace with correct document for a prisoner. (nmarb, ).
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-01203-BNB
RONALD PLUMMER,
Petitioner,
v.
LISA MCDERMOTT,
DAVID ALLRED, and
BRAD CINK,
Defendants.
ORDER GRANTING LEAVE TO PROCEED PURSUANT TO 28 U.S.C. § 1915
Plaintiff has filed pro se a 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 (ECF No. 3) will be
granted. Based on the information about his financial status, which indicates Plaintiff
has had an account balance of $1.00 or less available to him for the past six months,
the Court finds that Plaintiff 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 regardless of the
outcome of this action. Plaintiff has consented to disbursement of partial payments of
the filing fee from his prison account. 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. It is
FURTHER ORDERED that 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 Plaintiff has paid the total filing fee of $350. See 28
U.S.C. §1915(b)(2). Interference by Plaintiff in the submission of these funds will 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 until full payment of the filing fee has been paid
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to the Court, even after disposition of the case and regardless of 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 the London Correctional Institution, Business Office, Attn: Inmate Accounts, P.O. Box
69, London, Ohio, 43140. It is
FURTHER ORDERED that the Order Directing Plaintiff to Cure Deficiencies
(ECF No. 5) is VACATED. It is
FURTHER ORDERED that the Clerk of the Court is directed to amend the
Plaintiff’s address on file to reflect that he is detained at the London Correctional
Institution.
DATED April 30, 2014, at Denver, Colorado.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge
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