Provencio v. Stark et al

Filing 47

MINUTE ORDER denying in part, denying as moot in part 43 Plaintiffs [sic] Motion for Subpoena to Turn Over Documents. by Magistrate Judge Kristen L. Mix on 4/5/2010.(klmcd)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-02329-MSK-KLM ERIC CHRISTOPHER PROVENCIO, Plaintiff, v. C. STARK, and D. RODENBECK, Defendants. _____________________________________________________________________ MINUTE ORDER _____________________________________________________________________ ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX This matter is before the Court on Plaintiffs' [sic] Motion for Subpoena to Turn Over Documents [Docket No. 43; Filed March 25, 2010] (the "Motion"). Plaintiff is proceeding in this matter pro se and has been granted in forma pauperis status. He is currently incarcerated at United States Penitentiary, Administrative Maximum Prison in Florence, Colorado ("ADX"). Pursuant to the Court's Order of October 14, 2009 [Docket No. 6], Plaintiff is obligated to make monthly payments towards his filing fee or show cause why he cannot by filing a certified copy of his inmate trust fund account statement. In the Motion, Plaintiff states that despite his request for a copy of his trust fund account statement so that he might show cause why he could not make a payment for the month of March 2010, he did not receive it. He asks the Court to issue a subpoena for the document. Plaintiff also requests that the Court order ADX to submit the monthly account statements in the future. IT IS HEREBY ORDERED that the Motion is DENIED in part and DENIED as moot in part. To the extent the Motion seeks an order directing ADX to submit a certified trust fund account statement each month on Plaintiff's behalf, the Motion is DENIED. It is Plaintiff's responsibility to submit to the Court the necessary paperwork. To the extent that Plaintiff seeks an order directing ADX to produce a copy of his trust fund account statement for the month of March 2010, the Motion is DENIED as moot. On March 30, 2010, Plaintiff filed the required trust fund account statement for March 2010 [Docket No. 46]. Dated: April 5, 2010