JONES v. EL PASO COUNTY POLICE DEPARTMENT

Full title: BRIAN KEITH JONES, Plaintiff, v. EL PASO COUNTY POLICE DEPARTMENT, PEOPLE…

Court: United States District Court, D. Colorado

Date published: Nov 5, 2007

Civil Action No. 07-cv-01728-BNB (D. Colo. Nov. 5, 2007)

Opinion

Civil Action No. 07-cv-01728-BNB.

November 5, 2007

ORDER DIRECTING PLAINTIFF TO SUBMIT AMENDED MOTION FOR LEAVE TO PROCEED PURSUANT TO 28 U.S.C. § 1915

BOYD BOLAND, Magistrate Judge

At the time Plaintiff, Brian Keith Jones, initiated the instant action he was in the custody of the Colorado Department of Corrections and was incarcerated at the Colorado Territorial Correctional Facility in Cañon City, Colorado. On October 31, 2007, Plaintiff submitted an Amended Complaint. In the Amended Complaint, he indicated that he now resides in Colorado Springs, Colorado.

Mr. Jones' continuing obligation to pay the filing fee is to be determined, like any nonprisoner, solely on the basis of whether he qualifies for in forma pauperis status. See Whitney v. New Mexico, 113 F.3d 1170, 1171 n. 1 (10^th Cir. 1997); see also McGore v. Wrigglesworth, 114 F.3d 601, 612-13 (6^th Cir. 1997); In re Prison Litigation Reform Act, 105 F.3d 1131, 1138-39 (6^th Cir. 1997); McGann v. Commissioner, Soc. Sec. Admin., 96 F.3d 28, 29-30 (2d Cir. 1996). Therefore, Mr. Jones will be ordered to submit an Amended Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915. Alternatively, Plaintiff may elect to pay the $350.00 filing fee in full to pursue his claims in this action. Accordingly, it is

ORDERED that Mr. Jones submit within thirty days from the date of this Order an original and a copy of an Amended Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915. Alternatively, Plaintiff may elect to pay the $350.00 filing fee in full to pursue his claims in this action. It is

FURTHER ORDERED that the Amended Motion shall be titled, "Amended Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915," and shall be filed with the Clerk of the Court for the United States District Court for the District of Colorado at the Alfred A. Arraj U.S. Courthouse, 901 Nineteenth Street, Room A-105, Denver, Colorado 80294-3589. It is

FURTHER ORDERED that the Clerk of the Court mail to Mr. Jones, at his new address, together with a copy of this Order, two copies of the following form: Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915, for use by nonprisoners in submitting an amended motion and affidavit. It is

FURTHER ORDERED that if Plaintiff fails to comply with the instant Order within thirty days the Complaint and action will be dismissed without further notice. It is

FURTHER ORDERED that the Clerk of the Court shall note the Docket with Mr. Jones' new address as provided on Page Two of the Amended Complaint filed with the Court on October 31, 2007.