McAdam v. Solicitor General of the United States et al

Filing 7

ORDER granting 6 Motion for Leave to Proceed in Forma Pauperis, and denying 3 Application to Proceed in District Court Without Prepaying Fees or Costs and 4 Request to Issue Summons, by Magistrate Judge Gordon P. Gallagher on 3/23/16.(dkals, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 16-cv-00541-GPG TOBY CARL McADAM, Plaintiff, v. SOLICITOR GENERAL OF THE UNITED STATES, THOMAS HALE, Director, U.S. Bureau of Prisons, DEBORAH DENHAM, Warden, FCI Englewood, and U.S. BUREAU OF PRISONS, Defendants. ORDER GRANTING LEAVE TO PROCEED PURSUANT TO 28 U.S.C. ' 1915 Plaintiff, a federal prisoner housed in the State of Colorado, has submitted to the Court pro se a Prisoner Complaint, ECF No. 1, and a Prisoner=s Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. ' 1915, ECF No. 6. 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 Plaintiff=s financial status, the Court finds that Plaintiff is able to pay an initial partial filing fee of $21.00 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. 6 at 3. 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 1 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 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 $21.00 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 his 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 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 2 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 the Application to Proceed in District Court Without Prepaying Fees or Costs, ECF No. 3, is denied as improperly filed in this action. It is FURTHER ORDERED that the Request to Issue Summons, ECF No. 4, is denied as premature and unnecessary. DATED March 23, 2016, at Denver, Colorado. BY THE COURT: s/ Gordon P. Gallagher United States Magistrate Judge 3

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