Dilger v. State of Colorado et al

Filing 6

Second ORDER Directing Plaintiff to Cure Deficiency, by Magistrate Judge Boyd N. Boland on 2/12/2013. (skl)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 12-cv-03340-BNB
ROBIN E. DILGER,
Plaintiff,
v.
STATE OF COLORADO,
OFFICE OF THE ATTORNEY GENERAL,
COLORADO DEPARTMENT OF CORRECTIONS,
WARDEN DAVID ZUPAN,
CAPTAIN SEAN PRUITT,
CASE MANAGER II LARRY WINEGARDNER,
CASE MANAGER GLEN SCHAFFER, and
CASE MANAGER III KRISTI MOORE,
Defendants.

SECOND ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCY

Plaintiff, Robin E. Dilger, initiated this action by filing pro se a Prisoner Complaint
and a Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. §
1915. On January 8, 2013, the court entered an order directing Ms. Dilger to cure a
deficiency if she wishes to pursue her claims in this action. More specifically, the court
advised Ms. Dilger that the copy of her inmate trust fund account statement she
submitted in support of the 28 U.S.C. § 1915 motion was not certified by a prison official
as required pursuant to § 1915(a)(2).
Ms. Dilger has not submitted a certified copy of her inmate trust fund account
statement. However, on February 11, 2013, Ms. Dilger notified the court that she has
been released from prison. Because she no longer is a prisoner, Ms. Dilger must file a

new motion seeking leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915
using the court-approved nonprisoner form if she still wishes to proceed in forma
pauperis in this action. Alternatively, Ms. Dilger may elect to pay the $350.00 filing fee.
Accordingly, it is
ORDERED that Ms. Dilger cure the deficiency specified in this order within
thirty (30) days from the date of this order. It is
FURTHER ORDERED that Ms. Dilger shall obtain the court-approved Motion and
Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 form, along with the
applicable instructions, at www.cod.uscourts.gov. It is
FURTHER ORDERED that, if Ms. Dilger fails to cure the designated deficiency
within thirty (30) days from the date of this order, the action will be dismissed
without further notice. The dismissal shall be without prejudice.
DATED February 12, 2013, at Denver, Colorado.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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