Bozarth (PS) v. Board of County Commissioner et al

Colorado District Court
Judge:Susan Prose
Case #: 1:24-cv-01102
Nature of Suit555 Prisoner Petitions - Habeas Corpus - Prison Condition
Cause42:1983 Prisoner Civil Rights
Case Filed:Apr 22, 2024

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Docket last updated: 05/14/2024 11:59 PM MDT
Monday, May 13, 2024
6 6 3 pgs order Order on Motion for Leave to Proceed In Forma Pauperis Mon 05/13 10:21 AM
ORDER GRANTING LEAVE TO PROCEED UNDER 28 U.S.C. § 1915. It is ORDERED that the Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 (ECF No. 5) is granted. It isFURTHER ORDERED that Plaintiff may proceed in this action without payment of aninitial partial filing fee. It is FURTHER ORDERED that 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 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 thisaction. 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. § 1915A(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 Court shall not issue process at this time. It is FURTHER ORDERED that the United States Marshals Service shall serve process on any remaining defendant(s) for whom personal service is required if the case is later drawn to a district judge or magistrate judge under D.C.COLO.LCivR 8.1(c). It is FURTHER ORDERED that the Clerk of Court send a copy of this order to the Business Office, Attn: Inmate Accounts, El Paso County Criminal Justice Center, Colorado Springs, Colorado by Magistrate Judge Susan Prose on 05/13/2024. (Copy sent as ordered)(jrobe, )
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Wednesday, May 08, 2024
5 5 motion Proceed In Forma Pauperis Thu 05/09 2:27 PM
Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. 1915. by Plaintiff James R. Bozarth. (jrobe, )
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Wednesday, April 24, 2024
4 4 3 pgs order Order Wed 04/24 3:24 PM
ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES by Magistrate Judge Susan Prose on 04/23/2024. It is ORDERED that Plaintiff cure the deficiencies designated above within thirty (30) days from the date of this order. Any papers that Plaintiff files in response to this order must include the civil action number on this order. It is FURTHER ORDERED that Plaintiff shall obtain and utilize (with the assistance of a case manager or the facility's legal assistant) the court-approved form Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915, along with the applicable instructions, available at www.cod.uscourts.gov. It isFURTHER ORDERED that, if Plaintiff fails to cure all designated deficiencies withinthirty (30) days from the date of this order, the action will be dismissed without further notice. The dismissal shall be without prejudice. It is FURTHER ORDERED that the Inmate Motion Requesting to File Without Prepayment of Filing/Service Fees Pursuant to § 13-17.5-103, C.R.S. (ECF No. 2) is denied without prejudice to being refiled on the correct form. (jrobe, )
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Monday, April 22, 2024
3 3 misc Case Assigned to Judge Tue 04/23 9:59 AM
Case assigned to Magistrate Judge Susan Prose. Text Only Entry (efoga, )
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2 2 motion Proceed In Forma Pauperis Tue 04/23 9:57 AM
Inmate Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. 1915. by Plaintiff James R. Bozarth.(efoga, )
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Att: 1 Envelope
1 1 cmp Complaint Tue 04/23 9:56 AM
PRISONER COMPLAINT against Board of County Commissioner, El Paso County Jail Maintenance, Joe Roy, Wellpath Provider, filed by James R. Bozarth.(efoga, )
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Att: 1 Envelope