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. Case 1:09-cv-02402-ZLW Document 7 Filed 11/20/09 USDC Co|orado Page 2 of 4 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