Armijo v. Larimer County Courts et al

Filing 18

ORDER by Magistrate Judge Boyd N. Boland on 10/7/14 denying as improperly filed 3 Motion for Leave to Proceed in Forma Pauperis; 8 Motion for Leave to Proceed in Forma Pauperis; 9 Motion for Leave to Proceed in Forma Pauperis; and 12 Moti on for Leave to Proceed in Forma Pauperis; denying as premature 14 Motion to Appoint Counsel ; granting 15 Motion To Add Exhibits; and granting 17 Motion for Leave to Proceed in Forma Pauperis. FURTHER ORDERED that the Clerk of the Court shall send a copy of this Order to [e-mail].(nmarb, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 14-cv-01967-BNB
SAMUEL G. ARMIJO,
Plaintiff,
v.
KATHRYN M. HAY,
LARIMER COUNTY JUSTICE CENTER, and
CLIFF RIDEL,
Defendants.

ORDER GRANTING LEAVE TO PROCEED PURSUANT TO 28 U.S.C. § 1915

Plaintiff, a prisoner in the custody of the Colorado Department of Corrections,
has filed pro se an Amended Prisoner Complaint (ECF No. 11) and a Prisoner’s Motion
and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 (ECF No. 17). Plaintiff
will be granted leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. .
Based on the information about Plaintiff’s financial status, the Court finds that Plaintiff is
able to pay an initial partial filing fee of $6.00 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.
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), regardless of the outcome of the action,
§ 1915(e)(2). 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).
Accordingly, it is
ORDERED that the Prisoner’s Motion and Affidavit for Leave to Proceed
Pursuant to 28 U.S.C. § 1915 (ECF No. 17), 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 $6.00 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 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
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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
to the Court, even after disposition of the case and regardless of whether relief is
granted or denied. It is
FURTHER ORDERED that the Motion and Affidavit for Leave to Proceed
Pursuant to 28 U.S.C. § 1915 (ECF Nos. 3 and 8), the Application to Proceed in District
Court Without Prepaying Fees or Costs (ECF No. 9), and the Prisoner’s Motion and
Affidavit for Leave to Proceed on Appeal Pursuant to 28 U.S.C. § 1915 and Fed. R.
App. P. 24 (ECF No. 12) are denied as improperly filed. It is
FURTHER ORDERED that the Motion for Appointment of Counsel (ECF No. 14)
is denied as premature. It is
FURTHER ORDERED that the “Motion to Add Exhibits to a § 1983 Suite (sic)
Submit to this Honerable (sic) Court” (ECF No. 15) is granted. 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 [e-mail].
DATED October 7, 2014, at Denver, Colorado.
BY THE COURT:

s/ Boyd N. Boland
United States Magistrate Judge

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