Brown v. Maketa et al

Filing 9

ORDER For Amended In Forma Pauperis Motion, by Magistrate Judge Boyd N. Boland on 07/24/14. (nmarb, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-01618-BNB
SHAUN BROWN, also known as
SHAUN ERIC BROWN,
Plaintiff,
v.
SHERIFF TERRY MAKETA,
DEPUTY CHAD JOHNSON, and
UNKNOWN AGENTS, et al.,
Defendants.

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. On July 3, 2014, Mr. Brown was ordered to file an amended Prisoner Complaint
(ECF No. 6). The copy of the July 3 order mailed to Mr. Brown was returned to the
Court on July 14, 2014, as undeliverable. See ECF No. 7. 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. 8)
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 forms for filing an
Application to Proceed in District Court Without Prepaying Fees or Costs and Prisoner
Complaint, along with the applicable instructions, at www.cod.uscourts.gov. It is
FURTHER ORDERED that the clerk of the Court mail to Plaintiff, together with a
copy of this order, a copy of the July 3, 2014, order (ECF No. 6) returned to the Court
as undeliverable on July 14, 2014. It is
FURTHER ORDERED that Plaintiff will be allowed thirty days from the date of
this order in which to submit on the Court-approved forms an Application to Proceed in
District Court Without Prepaying Fees or Costs and amended Prisoner Complaint that
complies with the directives of the July 3 order. It is
FURTHER ORDERED that, if Plaintiff fails to file on the Court-approved forms an
Application to Proceed in District Court Without Prepaying Fees or Costs and amended
Prisoner Complaint as directed within thirty days from the date of this order, the
action will be dismissed without further notice.
DATED July 24, 2014, at Denver, Colorado.
BY THE COURT:
s/Boyd N. Boland
United States Magistrate Judge

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