Stetler v. Colorado Justice Center

Filing 8

ORDER GRANTING LEAVE TO PROCEED PURSUANT TO 28 U.S.C. § 1915 by Magistrate Judge Gordon P. Gallagher on 4/26/16. The Clerk shall mail this Order to the El Paso County Criminal Justice Center Business Office (mailed as ordered). (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 16-cv-00638-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.)
JUSTIN STETLER,
Plaintiff,
v.
COLORADO JUSTICE CENTER, Unnamed Guards & Named Guards,
Defendants.

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

Plaintiff is incarcerated at the El Paso County Criminal Justice Center. He filed
pro se a Prisoner Complaint (ECF No. 1). As part of the Court’s review pursuant to
D.C.COLO.LCivR 8.1(b), the Court directed Plaintiff to cure certain deficiencies, namely
the filing of a Prisoner’s Motion and Affidavit pursuant to 28 U.S.C. § 1915, if he wished to
pursue any claims in this action. (ECF No. 3). Plaintiff submitted a Motion and Affidavit
for Leave to Proceed Pursuant to 28 U.S.C. § 1915 on April 8, 2016, but the Motion and
Affidavit were on the wrong form and were missing the required authorization and
certified inmate account statement. (ECF No. 5). The Court entered a second order
directing Plaintiff to cure these deficiencies. (ECF No. 6). Plaintiff has substantially
complied with the Orders and has filed a certified inmate account statement and
authorization. (ECF No. 7).

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The Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. ' 1915 (ECF
No. 5) is 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 $11.94 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. 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 Order (ECF No. 6) denying without prejudice the Motion and
Affidavit for Leave to Proceed Pursuant to 28 U.S.C. ' 1915 is AMENDED by the instant
Order and the Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. ' 1915
(ECF No. 5) 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, if funds are available in
accordance with 28 U.S.C. ' 1915(b), an initial partial filing fee of $11.94 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. 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 he 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 shall result in the dismissal of this action. It is
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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. 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
received by 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 mail a copy of this Order to:
El Paso County Criminal Justice Center
Business Office
Attention: Inmate Accounts
2739 East Las Vegas Street
Colorado Springs, CO 80906
DATED April 26, 2016, at Denver, Colorado.
BY THE COURT:
s/ Gordon P. Gallagher
United States Magistrate Judge

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