Carrier v. Lundstedt et al

Filing 11

MINUTE ORDER denying 8 Motion to Compel Massachussetts Department of Corrections to Produce Certified Account Statement, by Magistrate Judge Boyd N. Boland on 12/04/2013. Plaintiff will be allowed 20 days from the date of this minute order in which to comply with the 11/14/2013 order to cure 7 as directed. (skl)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-02933-BNB
JOSHUA D. CARRIER,
Plaintiff,
v.
MICHELLE LUNDSTEDT, sued in her individual capacity,
AMY FITCH, sued in her individual capacity,
ANDY BRYANT, sued in his individual capacity,
JOHN DOE, sued in his individual capacity,
JANE DOE, sued in her individual capacity,
DAN MAY, sued in his official capacity, and
COUNTY OF EL PASO, sued in its official capacity,
Defendants.

MINUTE ORDER
ORDER ENTERED BY MAGISTRATE JUDGE BOYD N. BOLAND
Plaintiff has filed a motion (ECF No. 8) asking for the Court to rely upon the
deficient certified account statement he filed on October 25, 2013, as an attachment to
the Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915
(ECF No. 3). The motion is DENIED. Plaintiff may obtain from his current institution a
certified account statement for the six-month period immediately preceding this filing. If
prison officials refuse Plaintiff’s request to obtain a certified account statement that
complies with the directives of the order of November 14, 2013 (ECF No. 7), he must
provide the Court with written documentation from prison officials demonstrating such
denial.
The Court also notes that neither the Prisoner’s Motion and Affidavit for Leave to
Proceed Pursuant to 28 U.S.C. § 1915 (ECF No. 9) nor the amended Complaint (ECF
No. 10) Plaintiff filed on December 2, 2013, complies with the November 14 order to
cure.
Plaintiff will be allowed twenty (20) days from the date of this minute order in
which to comply with the November 14 order to cure (ECF No. 7) as directed. Failure to
do so within the time allowed may result in the dismissal of this action.
Dated: December 4, 2013