Free Order on Motion for Leave to Appeal in Forma Pauperis - District Court of Colorado - Colorado

Case 1:04-cv-01077-CBS-PAC

Document 93

Filed 10/06/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-01077-CBS-PAC STEPHEN JEROME GRACE, Plaintiff, v. DEPUTY SHERIFF APODOCA, DEPUTY SHERIFF JASON HUBER, NURSE LPN LISA [sic], NURSE ASSISTANCE [sic] D.A., and DR. CRUMB [sic], Defendants.

ORDER GRANTING LEAVE TO PROCEED ON APPEAL PURSUANT TO 28 U.S.C. § 1915 AND FED. R. APP. P. 24 AND DENYING REQUEST FOR FREE TRANSCRIPT Shaffer, Magistrate Judge Plaintiff has submitted a Prisoner's Motion and Affidavit for Leave to Proceed on Appeal Pursuant to 28 U.S.C. § 1915 and Fed. R. App. P. 24. The motion will be granted in part and denied in part. The court has examined the file and finds that plaintiff has shown an inability to pay the required filing fees and the existence of a reasoned, nonfrivolous argument on the law and facts in support of the issues raised on appeal. Therefore, plaintiff will be allowed to proceed on appeal pursuant to 28 U.S.C. § 1915(a) without prepayment of fees or security therefor. Based on the information about plaintiff's financial status, the court finds that plaintiff is able to pay an initial partial filing fee of $8.00 pursuant to § 1915(b)(1). 1

Case 1:04-cv-01077-CBS-PAC

Document 93

Filed 10/06/2005

Page 2 of 3

However, the court finds that this appeal does not present a substantial question, i.e., a significant issue that is unique, unusual or reasonably debatable. Therefore, pursuant to 28 U.S.C. § 753(f), plaintiff's request for a free transcript will be denied. Accordingly, it is ORDERED that the Prisoner's Motion and Affidavit for Leave to Proceed on Appeal Pursuant to 28 U.S.C. § 1915 and Fed. R. App. P. 24 is granted in part and denied in part. It is FURTHER ORDERED that plaintiff shall be allowed to proceed on appeal without prepayment of fees or security therefor. However, plaintiff shall be required to pay the full amount of the $255.00 filing fee in installments pursuant to § 1915(b)(1) regardless of the outcome of this appeal. It is FURTHER ORDERED that plaintiff shall pay an initial partial filing fee of $8.00. Plaintiff shall have thirty (30) days from the date of this order in which to have the designated fee sent to the clerk of the court or show cause why he has no assets and no means by which to pay the designated initial partial filing fee. In order to show cause, plaintiff must file a current certified copy of he trust fund account statement. It is FURTHER ORDERED that the clerk of the court shall provide plaintiff with two copies of this order. Plaintiff is directed to make the necessary arrangements to have one copy of this order attached to the payment in the amount of the designated initial partial filing fee. It is FURTHER ORDERED that, after payment of the initial partial filing fee, plaintiff shall be required to make monthly payments of twenty percent (20%) of the preceding month's income credited to plaintiff's account or show cause each month as directed above why he has no assets and no means by which to make the monthly payment. Plaintiff is directed to make the necessary arrangements to have each monthly payment identified by the civil action number on this order. It 2

Case 1:04-cv-01077-CBS-PAC

Document 93

Filed 10/06/2005

Page 3 of 3

is FURTHER ORDERED that if within the time allowed plaintiff fails to have the designated initial partial filing fee or monthly payments sent to the clerk of the court or to show cause as directed above why he has no assets and no means by which to pay the designated initial partial filing fee or make the monthly payments, the court of appeals will be so notified. It is FURTHER ORDERED that plaintiff' request for a free transcript is denied because the court s finds that this appeal does not present a substantial question. Plaintiff may pay the estimated transcript fee in advance or make he own arrangements with the court reporter to pay for the cost of the transcript. DATED at Denver, Colorado this 6th day of October, 2005.

BY THE COURT:

s/Craig B. Shaffer MAGISTRATE JUDGE, UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

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