Zunogama v. Raemisch et al

Filing 12

ORDER Granting 28 U.S.C. § 1915 Motion; 11 Amended Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 is GRANTED. 5 Prisoner's Motion and Affidavit Authorizing Calculation and Disbursement of Funds is GRANTED and 6 Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 is DENIED as moot, by Magistrate Judge Gordon P. Gallagher on 1/20/15.(morti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 14-cv-03013-GPG
SALVADOR ZUNOGAMA,
Plaintiff,
v.
RICK RAEMISCH, in his official capacity as Executive Director of the Colorado
Department of Corrections,
ED CALEY, in his official capacity as Warden of the Trinidad Correctional Facility,
JOSEPH M. VIGIL, in his official and personal capacity,
CORRECTIONAL OFFICER MATEO (last name unknown), in his official and personal
capacity, and
CORRECTIONAL OFFICER APODACA (last name unknown), in his official,
Defendants.

ORDER GRANTING 28 U.S.C. ' 1915 MOTION

Plaintiff, a state prisoner in Colorado, has filed pro se a Prisoner Complaint (ECF
No. 1) and an amended Prisoner=s Motion and Affidavit for Leave to Proceed Pursuant to
28 U.S.C. ' 1915 (ECF No. 11). 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
$3.00 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. (See ECF No. 5.) Plaintiff is
required to pay the full amount of the required $350.00 filing fee pursuant to ' 1915(b)(1)
regardless of the outcome of this action. Accordingly, it is
ORDERED that the amended Prisoner=s Motion and Affidavit for Leave to Proceed

Pursuant to 28 U.S.C. ' 1915 (ECF No. 11) is GRANTED. It is
FURTHER ORDERED that the Prisoner’s Motion and Affidavit Authorizing
Calculation and Disbursement of Funds (ECF No. 5) is GRANTED and the Prisoner’s
Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 (ECF No. 6) is
DENIED as moot. It is
FURTHER ORDERED that within thirty days of the date of this Order Plaintiff=s
custodian shall disburse from Plaintiff=s prison account an initial partial filing fee of $3.00
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. See 28 U.S.C. '1915(b). 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 $350.00. 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 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
[e-mail].
DATED January 20, 2015, at Denver, Colorado.
BY THE COURT:
s/ Gordon P. Gallagher
United States Magistrate Judge

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