Swayzer (PS) v. Polis et al
| Myron Swayzer |
| Jared Polis, Andre Stancil, Barry Goodrich, Sabastian Hernandez, Rivas, Graves, Saenz, Damon Hininger and Romero |
| 1:2024cv00198 |
| January 22, 2024 |
| US District Court for the District of Colorado |
| Susan Prose |
| Prisoner - Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 14, 2024. A more recent docket listing may be available from PACER.
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Filing 8
ORDER TO FILE AMENDED PRISONER COMPLAINT. 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. To be clear, Plaintiff must submit a single, fully completed Prisoner Complaint on the court-approved form as one document that contains all claims and allegations. Plaintiff is advised that the Court is not required to sort through multiple pleadings to ascertain his claims or compile the required information from multiple documents. 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, by Magistrate Judge Susan Prose on 3/14/2024. (ccuen, )
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Filing 7
MINUTE ORDER. On January 24, 2024, the Court granted Plaintiff's motion to proceed in this action in forma pauperis (IFP) under 28 U.S.C. 1915. In response, Plaintiff has submitted a letter seeking clarification of the order granting leave to proceed under 1915 and stating that he is unable to pay $35.68 per month. (ECF No. #6 ). Even though Plaintiff qualifies to proceed IFP, 1915 requires a prisoner bringing a civil action "to pay the full amount of a filing fee." 28 U.S.C. 1915(b)(1). The statute allows an indigent prisoner to pay the filing fee through an initial partial filing fee and monthly installments of the balance until the full filing fee is paid. Finally, the Court has not ordered Plaintiff to pay $35.68 per month. Rather, the Court has ordered Plaintiff (by way of his custodian) to pay 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. That is the payment formula mandated by statute. See 28 U.S.C. 1915(b)(2)("After payment of the initial partial filing fee, the prisoner shall be required to make monthly payments of 20 percent of the preceding month's income credited to the prisoner's account."), by Magistrate Judge Susan Prose on 3/7/2024. (ccuen, )
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| Filing 6 Letter from Myron Swayzer. (jrobe, ) |
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Filing 5
ORDER GRANTING LEAVE TO PROCEED UNDER 28 U.S.C. 1915. The Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. 1915 (ECF No. #2 ) is granted. The Motion for Appointment of Counsel (ECF No. #3 ) is denied without prejudice as premature because this case is currently under initial review pursuant to D.C.COLO.LCivR 8.1. Plaintiff may renew his request for counsel if this case is drawn to a presiding judge, by Magistrate Judge Susan Prose on 1/24/2024.(ccuen, )
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| Filing 4 Case assigned to Magistrate Judge Susan Prose. Text Only Entry (efoga, ) |
| Filing 3 MOTION for Appointment of Counsel by Plaintiff Myron Swayzer. (efoga, ) |
| Filing 2 Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. 1915. by Plaintiff Myron Swayzer. (efoga, ) |
| Filing 1 PRISONER COMPLAINT against Barry Goodrich, Graves, Sabastian Hernandez, Damon Hininger, Jared Polis, Rivas, Romero, Saenz, Andre Stancil, filed by Myron Swayzer.(efoga, ) |
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