Mallett v. Lappin et al

Filing 6

MINUTE ORDER denying 4 Applicant's Motion for Order to Withdraw the $5.00 from his prison account. Applicant has 30 days to cure the deficiency designated in the 7/23 order or show cause why he is unable to do so, by Magistrate Judge Boyd N. Boland on 8/10/09.(gms, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-01784-BNB DAWANE ARTHUR MALLETT, Applicant, v. WARDEN DAVIS, UNIT MANGER COLLINS, F-B-O-P DIRECTOR HARLY LAPPIN, and ALL KNOWN A-D-X-OFFICIALS, Respondents. MINUTE ORDER ORDER ENTERED BY MAGISTRATE JUDGE BOYD N. BOLAND On July 23, 2009, the Court entered an order directing the Clerk of the Court to commence a civil action and directing Applicant to cure a deficiency by submitting a certified copy of his trust fund account statement. On August 6, 2009, Applicant filed a motion alleging that prison officials have refused to provide him with a certified copy of his trust fund account statement. However, Applicant failed to provide any written documentation to support these allegations. Further, while Applicant requests that the Court withdraw $5.00 from his prison account, the Court is unable to do so. Accordingly, the Motion is DENIED. Applicant will be allowed thirty (30) days from the date of this minute order in which to cure the deficiency designated in the July 23 order or to show cause why he is unable to do so, including to submit written documentation of any denial by a prison official of his request for a certified trust fund account statement. Failure within the time allowed either to cure the deficiencies or to show cause why he is unable to do so will result in the dismissal of the instant action. Dated: August 10, 2009