Rojas Tapia (PS) v. Department of the Treasury - Internal Revenue Service et al
| Jose M Rojas Tapia |
| Department of the Treasury - Internal Revenue Service, Bureau of Fiscal Services, Treasury Offset Program and Department of Treasury |
| 1:2023cv01559 |
| June 20, 2023 |
| US District Court for the District of Colorado |
| Kristen L Mix |
| Susan B Prose |
| Prisoner - Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on August 15, 2023. A more recent docket listing may be available from PACER.
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Filing 18
ORDER TO FILE AMENDED PRISONER COMPLAINT by Magistrate Judge Susan B. Prose on 08/15/2023. ORDERED that Plaintiff file, within thirty (30) days from the date of this order, an amended Prisoner Complaint that complies with all directives contained in this order. If Plaintiff fails to file an amended Prisoner Complaint that complies with this order within the time allowed, the action may be dismissed without further notice. (pklin, )
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| Filing 20 DISREGARD, FILED INTO INCORRECT CASE Letter re: Status of Filing by Petitioner Jose M Rojas Tapia. (cmadr, ) Modified on 8/15/2023 (cmadr, ). |
| Filing 19 LETTER re: Notification of Payment of Initial Partial Filing Fee by Petitioner Jose M Rojas Tapia. (cmadr, ) |
| Filing 17 PAYMENT RECEIVED from Jose M Rojas Tapia in the amount of $ 13.33; Receipt Number 107818; Initial Payment. (blaws) |
| Filing 16 NOTICE to the Office of the Clerk re Change of Address by Petitioner Jose M. Rojas Tapia. (pklin, ) |
| Filing 15 REASSIGNING MAGISTRATE JUDGE. Due to the retirement of Magistrate Judge Kristen L. Mix, and with the permission of Chief Judge Brimmer pursuant to D.C. Colo. L. Civ. R. 40.1(a), this action is reassigned to Magistrate Judge Susan B. Prose. All future pleadings should be designated as 23-cv-01559-SBP. Text only entry. (cthom, ) |
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Filing 14
ORDER GRANTING LEAVE TO PROCEED UNDER 28 U.S.C. 1915 by Magistrate Judge Kristen L. Mix on 07/21/2023. ORDERED that the Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. 1915 (ECF No. #4 ) is granted. It is FURTHER ORDERED that the second Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. 1915 (ECF No. #12 ) is denied as moot. It is FURTHER ORDERED that the Motion for Appointment of Counsel (ECF No. #10 ) and Motion Requesting the Return of Property (Seized Currency) Under the Fed. R. Crim. P. Rule 41(g) Formerly 41(e) (ECF No. #11 ) are denied without prejudice aspremature because this case is under initial review. If the case is later drawn to a presiding judge under Local Rule 8.1(c), Plaintiff may refile these motions. FURTHER ORDERED that within thirty days of the date of this order Plaintiff's custodian shall disburse from Plaintiffs prison account an initial partial filing fee of $13.33 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 account for the six-month period immediately preceding the filing of the complaint. See 28 U.S.C. 1915(b). FURTHER ORDERED that after payment of the initial partial filing fee Plaintiffs 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. 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 Plaintiffs 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. FURTHER ORDERED that the Clerk of Court shall not issue process at this time. 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). FURTHER ORDERED that the Clerk of Court shall send a copy of this order to FLM-LegalSvcs-S@bop.gov. (Emailed as Ordered.) (pklin, )
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| Filing 13 PRISONER COMPLAINT against Bureau of Fiscal Services, Department of Treasury, Treasury Offset Program, filed by Jose M Rojas Tapia. (Attachments: #1 Certificate of Service and Filing, #2 Envelope) (pklin, ) |
| Filing 12 Prisoner Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. 1915. by Petitioner Jose M Rojas Tapia. (Attachments: #1 Certificate of Service and Filing, #2 Envelope) (pklin, ) |
| Filing 11 MOTION REQUESTING RETURN OF PROPERTY by Petitioner Jose M Rojas Tapia. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit Certifcate of Service and Filing, #8 Envelope) (pklin, ) |
| Filing 10 PRISONER MOTION FOR APPOINTMENT OF COUNSEL by Petitioner Jose M Rojas Tapia. (Attachments: #1 Certificate of Service and Filing, #2 Envelope) (pklin, ) |
| Filing 9 Memorandum from Jose M. Rojas Tapia. (pklin, ) |
| Filing 8 NOTICE to the Court by Petitioner Jose M Rojas Tapia. (pklin, ) |
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Filing 7
MINUTE ORDER by Magistrate Judge Kristen L. Mix on 07/07/2023. On June 21, 2023, Plaintiff was ordered to submit a court-approved Prisoner Complaint, which is required to commence a civil action. (ECF No. #5 ). On July 3, 2023, Plaintiff filed a document titled Motion Under Fed. R. Civ. P. Rule 12 to Dismiss the Form or Motion for Leave to Proceed Pursuant to 28 USC 1915. (ECF No. #6 ). The filing is difficult to follow, but it seems to contend that Plaintiff does not need to file a pleading - i.e., form Prisoner Complaintbecause he has initiated this action by filing a motion. To the extent Plaintiff requests that he be excused from filing a pleading on a court-approved form [ECF No. #6 ], the request is denied. See Fed. R. Civ. P. 3. (A civil action is commenced by filing a complaint with the court.). To be clear, Plaintiffs July 3 filing does not cure the deficiencies as ordered by the Courtspecifically, he has yet to submit a court-approved Prisoner Complaint. Nonetheless, the Court will sua sponte grant Plaintiff an extension of time to cure the outstanding deficiency. Plaintiff has until August 7, 2023, to submit a court-approved Prisoner Complaint. Plaintiff is reminded that this action will be dismissed without further notice if he fails to cure the defect within the time allowed. (pklin, )
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| Filing 6 MOTION under Fed. R. Civ. P. Rule 12 to Dismiss the Form or Motion for Leave to Proceed Pursuant to 28 USC 1915 by Petitioner Jose M Rojas Tapia. (jtorr, ) |
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Filing 5
ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES by Magistrate Judge Kristen L. Mix on 06/21/2023. ORDERED that Plaintiff shall cure the designated deficiencies within thirty (30) days from the date of this order. If Plaintiff fails to cure the designated deficiencies within thirty (30) days from the date of this Order, the action will be dismissed without further notice. The dismissal shall be without prejudice. FURTHER ORDERED that Plaintiff's Motion Requesting the Return of Property (ECF No. #2 ) and Motion for Appointment of Counsel Under 28 USC 1915(e)(1) (ECF No. #3 ) are denied without prejudice as premature because Plaintiff has not yet filed a pleading on a court-approved form. Plaintiff must first cure this deficiency. (pklin, )
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| Filing 4 Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. 1915. by Petitioner Jose M Rojas Tapia. (efoga, ) |
| Filing 3 MOTION to Appoint Counsel by Petitioner Jose M Rojas Tapia. (efoga, ) |
| Filing 2 MOTION for Return of Property by Petitioner Jose M Rojas Tapia. (efoga, ) |
| Filing 1 Case assigned to Magistrate Judge Kristen L. Mix. Text Only Entry (efoga, ) |
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