Dalrymple v. Corrections Corp. of America et al

Filing 5

ORDER granting 2 Motion for Leave to Proceed in Forma Pauperis by Magistrate Judge Gordon P. Gallagher on 4/20/16. The Clerk shall send this Order to the Idaho State Correctional Institution Business Office (mailed as ordered). (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 16-cv-00875-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.)
DAVID DALRYMPLE,
Plaintiff,
v.
CORRECTIONS CORP. OF AMERICA,
KRISTOPHER KLINE, Warden, KCCC,
LOIS A. ROSA, Assistant Warden, KCCC,
TAYLOR, Unit Manager, KCCC,
SWARTZ, Property Officer, KCCC,
IDAHO DEPT. OF CORRECTIONS,
HIGGINS, Deputy Warden,
BLADES, Warden, and
KEVIN KEMP, Director of Idaho Prisons,
Defendants.

ORDER VACATING THE ORIGINAL ORDER GRANTING LEAVE TO AMEND
PURSUANT TO 28 U.S.C. § 1915 AND ENTERING THIS AMENDED ORDER
GRANTING LEAVE TO PROCEED PURSUANT TO 28 U.S.C. ' 1915

The original order granting leave to proceed pursuant to 28 U.S.C. § 1915 is
vacated and this Order is entered in its place.
Plaintiff David Dalrymple, a pro se prisoner litigant, has submitted a Prisoner
Complaint and a Prisoner=s Motion and Affidavit for Leave to Proceed Pursuant to 28
U.S.C. ' 1915. Plaintiff=s request to proceed pursuant to ' 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 $27.00 pursuant to ' 1915(b)(1). Plaintiff has consented
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to disbursement of partial payments of the filing fee from his inmate account. See ECF
No. 2 at 3.
Title 28 U.S.C. ' 1915 requires a prisoner bringing a civil action Ato 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, A[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).
Accordingly, it is
ORDERED that ECF No. 4 is vacated. 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 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 keeping
with 28 U.S.C. ' 1915(b), an initial partial filing fee of $27.00 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. It is
FURTHER ORDERED that after payment of the initial partial filing fee, Plaintiff=s
custodian shall disburse from Plaintiff=s inmate account monthly payments of 20 percent
of the preceding month=s income credited to this inmate account until Plaintiff has paid the
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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 inmate 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 Idaho State Correctional Institution Unit
13, P.O. Box 14, Boise, Idaho 83707.
DATED April 20, 2016, at Denver, Colorado.
BY THE COURT:
s/Gordon P. Gallagher
United States Magistrate Judge

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