Pinson v. Davis

Filing 4

MINUTE ORDER denying 3 Motion for Order to Provide Certified Statement. The Court shall grant Applicant an additional 30 days from the date of this Minute Order to provide to the Court a certified trust fund account statement and to submit a § 1915 motion and affidavit used in § 2241 actions when seeking leave to proceed in forma pauperis, by Magistrate Judge Boyd N. Boland on 9/15/11. (lsw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 11-cv-02088-BNB
JEREMY PINSON,
Applicant,
v.
BLAKE DAVIS,
Respondent.

MINUTE ORDER
ORDER ENTERED BY MAGISTRATE JUDGE BOYD N. BOLAND
In response to the Court’s August 16, 2011 Order Directing Applicant to Cure
Deficiencies, Applicant has submitted a Motion for Order to Provide Certified Statement
requesting that the Court compel Respondent to furnish him with a six-month certified
account statement. Nothing Applicant has attached to the Motion verifies that prison
staff has refused to provide him with a certified copy of his account statement.
Furthermore, Applicant also was instructed to provide a 28 U.S.C. § 1915 Motion and
Affidavit used in requesting leave to proceed in forma pauperis in a habeas action,
which he has not submitted.
Accordingly, the Court shall grant Applicant an additional thirty days from the
date of this Minute Order to provide to the Court a certified trust fund account
statement showing only the current balance in his prisoner account, which is the
requirement in a habeas action, and to submit a § 1915 motion and affidavit used in
§ 2241 actions when seeking leave to proceed in forma pauperis. The § 1915 Courtapproved form is available from Applicant’s case manager or the facility’s legal
assistance, along with applicable instructions, at www.cod.uscourts.gov. If Applicant
fails to submit a certified trust fund account statement, within thirty days from the
date of this Order, or to provide a verified statement by prison staff that they refuse
to provide to him a certified account statement or a § 1915 motion and affidavit the
action will be dismissed without prejudice and without further notice. Applicant’s Motion,
Doc. No. 3, is DENIED.
Dated: September 15, 2011