Wells v. Dowis
1:09-cv-02402 | D. Colo. | Nov 20, 2009
Case 1:09-cv-02402-ZLW Document 7 Filed 11/20/09 USDC Co|orado Page 1 of 4
lN THE UN|TED STATES D|STR|CT COURT
FOR THE D|STR|CT OF COLORADO
E D
civil Action No. 09-cv-02402-BNB UN'TE§§§§§§§°"C°£§§’E§§@‘~"RT
Nov 2 0 2009
lecENT EucENE vaLi_s,
GREGORY C. LANGHAM
P|aintiff, CLERK
V.
BEVERLY DOW|S, Hea|th Supervisor Administrator, Sterling Correctional Faci|ity,
Colorado Department of Corrections, in Her Official and lndividua| Capacities,
CHERYL Sl\/llTH, Co|orado Department of Corrections Clinical Director, in Her Official
and individual Capacities,
PHYS|C|AN’S HEALTH PARTNERS, Colorado Department of Corrections lnsurer,
Consultants, and Providers, in Official and individual Capacities,
JO ANNE STOCK, Physicians Assistant, Colorado Department of Corrections, Sterling
Correctional Faci|ity, in Her Official Capacity,
JOSEPH FORTUNATO, Physician, Co|orado Department of Corrections, Sterling
Correctional Faci|ity, in His Official and individual Capacities, and
BARRY GOLDSl\/llTH, Physician (l\/l.D.), Co|orado Department of Corrections, Sterling
Correctiona| Faci|ity, in His Officia| and individual Capacities,
Defendants.
ORDER OF D|SM|SSAL
Plaintiff, Vincent Eugene Wells, is a prisoner in the custody of the Colorado
Department of Corrections Who currently is incarcerated at the Sterling Correctiona|
Faci|ity. l\/lr. Wells initiated this action by filing a pro se Prisoner Complaint and a
motion for leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915 on
October 5, 2009. By order dated October 9, 2009, l\/lagistrate Judge Boyd N. Boland
directed the Clerk of the Court to commence a civil action and granted l\/lr. Wells leave
to proceed pursuant to 28 U.S.C. § 1915.
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The October 9, 2009, Order requires Mr. Wells to pay the full amount of the
$350.00 filing fee in installments and directs him to pay an initial partial filing fee of
$12.00 within thirty days or to show cause why he has no assets and no means to pay
the initial fee by filing a current certified copy of his trust fund account statement The
Order warns Mr. Wells that if he fails to have the initial partial filing fee sent to the Clerk
of the Court by the designated deadline or to show cause why he has no assets and no
means by which to pay the initial fee the Complaint would be dismissed without further
noUce.
On October 28, 2009, Mr. Wells filed a “Response” to the October 9, 2009,
Order, in which he requests to be allowed to proceed without an initial partial filing fee.
l\/lr. Wells attached a inmate trust fund account statement to his Response. ln
Magistrate Judge Boland’s October 9, 2009, Order, Mr. Wells was directed that, in
order to show cause, he must file a current certified copy of his trust fund account
statement. However, the trust fund account statement filed by Mr. Wells is not certified.
Therefore, Mr. Wells now has failed either to pay the initial partial filing fee within
the time allowed, as designated in the October 9, 2009, Order, or in the alternative to
show cause why he has no assets and no means by which to pay the designated fee.
Accordingly, it is
Case 1:09-cv-02402-ZLW Document 7 Filed 11/20/09 USDC Co|orado Page 3 of 4
ORDERED that the Prisoner Complaint and the action are dismissed without
prejudice for Mr. Wel|s’ failure either to pay an initial partial filing fee of $12.00 or to
show cause why he has no assets and no means by which to pay the designated fee.
DATED at Denver, Colorado, thi§@ay of /M/Ve’”\/(»c¢/, 2009.
BY THE COURT:
z A LYwEiNsHlENK, senior Judge
ited States District Court
Case 1:09-cv-02402-ZLW Document 7 Filed 11/20/09 USDC Co|orado Page 4 of 4
|N THE UN|TED STATES DlSTRlCT COURT
FOR THE D|STR|CT OF COLORADO
CERT|F|CATE OF MA|L|NG
Civil Action No. 09-cv-02402-BNB
Vincent Eugene Wells
Prisoner No. 55293
Ster|ing Correctiona| Faci|ity
PO Box 6000
Ster|ing, CO 80751
l hereby certify that l have mailed a copy of the ORDER AND JUDGMENT to
the above-named individuals on nlsz