Barringer v. Wackenhut Service, Inc. et al

Filing 75

ORDER on Pending Motions: denying Plaintiff's 57 Motion for Leave to Proceed on Appeal in Forma Pauperis, denying Plaintiff's 63 Motion for Leave to Proceed on Appeal in Forma Pauperis, denying Plaintiff's 69 Motion for Leave to Proceed on Appeal in Forma Pauperis, denying Plaintiff's 71 Motion for Court Order . Signed by Judge Phillip S. Figa on 02/23/06. (rlp, )

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Barringer v. Wackenhut Service, Inc. et al Doc. 75 Case 1:05-cv-00576-PSF-CBS Document 75 Filed 02/23/2006 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Phillip S. Figa Civil Action No. 05-cv-00576-PSF-CBS DEREK W. BARRINGER, Plaintiff, v. W ACKENHUT SERVICES, INC.; and JOHN DOE OFFICER FOR WACKENHUT, Defendants. ORDER ON PENDING MOTIONS This matter is before the Court on Plaintiff' Motion for Leave to Proceed on s Appeal Under 28 U.S.C. 1915 (Dkts. ## 57, 63, and 69) and Plaintiff' Motion for s Court Order (Dkt. # 71). In light of the Magistrate Judge' Order granting plaintiff' motion to withdraw his s s earlier motion to dismiss and "eactivating"the case (Dkt. # 73), and in light of the r Tenth Circuit' Order abating the appeal pending notification of disposition of plaintiff' s s motion to withdraw (Dkt. # 67), plaintiff' appeal-related requests (Dkts. ## 57, 63, and s 69) are premature and thus DENIED. Plaintiff' Motion for Court Order requests this Court to "ax or mail a copy of [the s f January 18, 2006] Order to the Denver County Jail"so that plaintiff may provide a certified copy of his account statement. The earlier referenced Order (Dkt. # 66) instructed plaintiff to request prison officials provide him with a certified copy of his trust Dockets.Justia.com Case 1:05-cv-00576-PSF-CBS Document 75 Filed 02/23/2006 Page 2 of 2 fund account statement for the six-month period immediately preceding the January 6, 2005 initiation of his appeal. Because the trust fund account statement, previously needed for purposes of determining plaintiff' in forma pauperis motions, is no longer s necessary due to the prematurity of an appeal at this point, plaintiff' motion (Dkt. # 71) s is also DENIED. DATED: February 23, 2006 BY THE COURT: s/ Phillip S. Figa ________________________________ Phillip S. Figa United States District Judge 2

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