Bruce v. Federal Bureau of Prisons et al

Filing 11

ORDER granting 9 Motion for Leave to Proceed in Forma Pauperis; denying as moot 2 Motion for Leave to Proceed in Forma Pauperis; denying as moot 5 Motion to Direct Defendants to Stop Hindering and/or Obstructing Plaintiff from Following the Court Order; denying as moot 10 Motion for Extension of Time to Cure Deficiencies, by Magistrate Judge Gordon P. Gallagher on 1/25/2015.(slibi, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-03232-GPG
ANTOINE BRUCE,
Plaintiff,
v.
CHARLES ALVAREZ,
R. GICONI, and
J. GARNER,
Defendants.

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

Plaintiff, acting pro se, has filed 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 will be granted. Based
on the information about his financial status, which indicates Plaintiff has had a negative
balance 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. 9, is granted. It is
FURTHER ORDERED that the Prisoner’s Motion and Affidavit for Leave to
Proceed Pursuant to 28 U.S.C. § 1915, ECF No. 2, is denied as moot. 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
2

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 FLM/LegalSvcs~@bop.gov. It is
FURTHER ORDERED that Plaintiff’s “Motion to Direct Defendants to Stop
Hindering and/or Obstructing Plaintiff from Following the Court Order,” ECF No. 5, and
his “Motion for Status of Case with Motion for Extension of Time to Cure Deficiencies,”
ECF No. 10, are denied as moot based on this Order.
DATED January 25, 2015, at Denver, Colorado.
BY THE COURT:
s/ Gordon P. Gallagher
United States Magistrate Judge

3