Dona't v. Oliver et al

Filing 5

ORDER denying 2 Motion for Leave to Proceed Pursuant to 28 U.S.C. § 1915 and 3 Motion for Appointment of Counsel by Judge Lewis T. Babcock on 11/24/15.(dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-02287-GPG
(The above civil action number must appear on all future papers
sent to the court in this action. Failure to include this number
may result in a delay in the consideration of your claims.)
SOFI DARRELL DONAT,
Plaintiff,
v.
JOHN OLIVER, Warden, individually and in his official capacity;
B. TRUE, Associate Warden, individually and in his official capacity;
M. SANISTENVAN, S.I.S. Guard, individually and in his official capacity;
T. GOMEZ, Unit Manager, individually and in his official capacity;
C. SYNSVOLL, Supervisory Attorney, individually and in his official capacity; and
MUNOZ, Guard, individually and in his official capacity,
Defendants.

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

Plaintiff, Sofi Darrell Donat, is a federal prisoner currently incarcerated at the
ADMAX Penitentiary in Florence, Colorado. Plaintiff filed pro se a Motion for Leave to
Proceed Pursuant to 28 U.S.C. § 1915 (ECF No. 2) and a Prisoner Complaint. He has
also filed a Motion for Appointment of Counsel (ECF No. 3).
The Court will deny the § 1915 motion because Plaintiff does not qualify for in
forma pauperis status. Subsection (a)(1) of 28 U.S.C. § 1915 allows a litigant to
commence a lawsuit without prepayment of fees or security therefor. However, “[t]here
is no absolute right to proceed in court without paying a filing fee in civil matters.”
Holmes v. Hardy, 852 F.2d 151, 153 (5th Cir. 1988); see also 28 U.S.C. § 1914(a).
Proceeding in forma pauperis pursuant to § 1915, i.e. without paying a filing fee under §
1914, is a privilege extended to individuals unable to pay such a fee. See Holmes, 852

F.2d at 153.
Plaintiff’s § 1915 motion shows that his national 6-month average in his account
was $3,680.75 and that he has an available balance of $739.49 in his inmate trust fund
account. Therefore, the Court finds that Plaintiff has sufficient funds to pay the $400.00
filing fee ($350.00 filing fee and $50.00 general administrative fee). The § 1915 motion
will be denied. Plaintiff will be directed to pay the $400.00 filing fee required pursuant to
28 U.S.C. § 1914 and the District of Colorado schedule of fees at
www.cod.uscourts.gov if he wishes to pursue his claims in this action. Accordingly, it is
ORDERED that the Prisoner’s Motion for Leave to Proceed Pursuant to 28
U.S.C. § 1915 (ECF No. 2) is denied. It is
FURTHER ORDERED that Plaintiff shall pay the full $400.00 filing fee within
thirty (30) days from the date of this order if he wishes to pursue his claims in this
action. It is
FURTHER ORDERED that if Plaintiff fails to pay the $400.00 filing fee within the
time allowed the action will be dismissed without further notice. It is
FURTHER ORDERED that Plaintiff’s Motion for Appointment of Counsel (ECF
No. 3) is DENIED as premature.
DATED at Denver, Colorado, this

24th

day of

November

, 2015.

BY THE COURT:

s/Lewis T. Babcock
LEWIS T. BABCOCK, Senior Judge
United States District Court

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