Celani v. Taver et al

Filing 33

ORDER discharging 28 Order to Show Cause, by Magistrate Judge Kristen L. Mix on 1/26/10. (ebs, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-01501-PAB-KLM CARLO CELANI, Plaintiff, v. MARK EHRLE, Aurora Police Dept., ADAM NEUMEYER, Aurora Police Dept., and JOHN DOES 1-5, Aurora Police Dept., Defendants. _____________________________________________________________________ ORDER DISCHARGING ORDER TO SHOW CAUSE _____________________________________________________________________ ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX This matter is before the Court on the Court's Order to Show Cause issued to Plaintiff on January 4, 2010 [Docket No. 28]. Plaintiff has responded [Docket No. 31] and complied with the Court's Order by filing a copy of his inmate trust fund statement showing his banking history for September 1, 2009, through December 31, 2009. The statement shows that Plaintiff was without any funds to pay toward his filing fee for the months of September, October, November, and December. Accordingly, IT IS HEREBY ORDERED that the Order to Show Cause is DISCHARGED. Plaintiff is again reminded that by the 15th day of each month, e.g. on February 15, 2010, for the month of January, Plaintiff shall either make the required monthly payment for the previous month or file a certified copy of his inmate trust fund account statement for that month demonstrating that he is not required pursuant to 28 U.S.C. § 1915(b)(2) to make a monthly payment. Furthermore, if payment is made for the preceding month, in order to verify that the appropriate amount is being paid, the plaintiff must file a certified copy of his trust fund account statement for that month. The civil action number should be noted on all payments as well as on any trust fund statements that are filed with the court. Dated: January 26, 2010 BY THE COURT: s/ Kristen L. Mix U.S. Magistrate Judge Kristen L. Mix