Johnson v. Pelle

Filing 11

ORDER Granting Leave to Proceed Pursuant to 28 U.S.C. § 1915 6 Motion. 1 Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 in a 42 U.S.C. § 1983 action is denied as moot. Motions 7 8 and 9 are denied as premature. It is FURTHER ORDERED that the Clerk of the Court shall send a copy of this Order to the Business Office, Att: Inmate Accounts, at the Boulder County Jail in Boulder, Colorado, by Magistrate Judge Michael E. Hegarty on 2/18/15.(morti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 15-cv-00105-GPG
ANDREW LYNN JOHNSON,
Plaintiff,
v.
JOE PELLE, Boulder County Sheriff,
BRUCE HASS, Chief,
REVADA FARNSWORTH, Head Nurse,
DOUG CAVEN, Commander,
SUE YANKOVICH, Sergeant,
TIMOTHY OLIVERIA, Sergeant,
JOHN GOODRICK, Sergeant,
E. A. MARTINEZ, Sergeant,
THOMAS GROFF, Sergeant,
GREGORY CLEM, Deputy,
CHRISTIAN BERRINGER, Deputy,
MARTINE KIRK, Deputy,
ADAM LUNN, Deputy,
CHAD PALMER, Deputy,
T. SOOLE, Deputy,
CATS, Deputy,
ANTHONY KNIGHT, Deputy,
MICHAEL ANASTOS, Deputy,
AARON, Librarian
Defendants.

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

Plaintiff Andrew Lynn Johnson currently is detained at the Boulder County
Detention Facility in Boulder, Colorado. Pursuant to the Court’s Order to Cure, ECF No.
5, Plaintiff 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
since he was booked into the detention facility on October 23, 2014, 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. 6, is granted. It is
FURTHER ORDERED that the Prisoner’s Motion and Affidavit for Leave to
Proceed Pursuant to 28 U.S.C. § 1915 in a 42 U.S.C. § 1983 Action, ECF No. 1, is denied
as moot. It is

FURTHER ORDERED that Plaintiff may proceed in this action without payment
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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 account 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 the Business Office, Att: Inmate Accounts, at the Boulder County Jail in Boulder,
Colorado. It is
FURTHER ORDERED that all other pending motions, ECF Nos. 7, 8, and 9, are
denied as premature.
DATED February 18, 2015, at Denver, Colorado.
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BY THE COURT:
s/ Gordon P. Gallagher
United States Magistrate Judge

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