Moore v. Little et al

Filing 11

ORDER FOR RESPONSE FROM CSP WARDEN by Magistrate Judge Gordon P. Gallagher on 3/31/16. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 16-cv-198-GPG
ARTHUR MOORE,
Plaintiff,
v.
LITTLE, Captain
K. ROBERTS, Case Manager,
KYLE ROBERTS, #2440,
Defendants.

ORDER FOR RESPONSE FROM CSP WARDEN

Plaintiff, Arthur Moore, is a prisoner in the custody of the Colorado Department of
Corrections, currently incarcerated at the Colorado State Penitentiary in Canon City,
Colorado. On January 26, 2016, he filed pro se a prisoner complaint pursuant to 28
U.S.C. § 1343 and 42 U.S.C. § 1983. (ECF No. 1). Mr. Moore is subject to 28 U.S.C.
§ 1915(g) filing restrictions. See Moore v. Arguello, 13-cv-1861, ECF No. 4 (discussing
filing restrictions). He was denied leave to proceed in forma pauperis on March 3, 2016
and ordered to pay the $400.00 filing fee within thirty days. (ECF No. 6).
On March 14, 2016, Plaintiff filed a motion titled, “Motion to Amend . . . Motion to
Proceed . . . Re: Due Process Violation and Hindering Payment to the Court,” in which
he argued that prison officials are intentionally hindering the legal process by not
allowing his payment to be sent to the court. (ECF No. 7). As evidence, Plaintiff
attached to his motion a copy of a Department of Corrections Request for Money Order

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form, which was signed by him on January 28, 2016, requesting a $400.00 money order
be sent to the United States District Court and specifically identifying this case number.
(ECF No. 7 at 5). The request appears to have been approved. At the bottom of the
Request for Money Order form is a copy of an actual Money Order, made out to the
United States District Court for $400.00. (Id.) Additionally, Plaintiff attached a copy of
his Prisoner Account statement that shows a money-order debit to his account on
February 9, 2016 in the amount of $400.75. (Id. at 3).
On March 21, 2016, Plaintiff filed a Motion titled, “Motion to Amend to
$200,000.00 Re: Falsifying Prison Account Records.” (ECF No. 8). In the Motion
alleging falsification of prison account records, Plaintiff argues that prison officials are
falsifying his prison account records to make it appear that Plaintiff did not attempt to
send the $400.00 to the court. He attaches a Grievance Form, dated March 10, 2016,
where he complains that his prison unit staff must have mishandled the mail or money
order because he tried to send the court $400.00. (Id. at 2). The Grievance Responder
denied the grievance on March 14, 2016, stating that the Inmate Banking Office had not
received a completed outgoing money order request. (Id.)
Based on Mr. Moore’s representations, the Court will order the warden of the
Colorado State Penitentiary to respond and verify whether Mr. Moore, as he claims, has
been denied withdrawal of funds from his account for payment of the filing fee to the
Court, and if he was denied the withdrawal of funds, why the request was denied. The
Court also will ask the warden to verify whether Mr. Moore has followed the proper
procedure for requesting the filing fee be sent to the Court.
Accordingly, it is

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ORDERED that the Clerk of the Court send a copy of the instant Order along
with Document Nos. 7 and 8 to the Colorado State Penitentiary Warden and to the
Attorney General of the State of Colorado. It is
FURTHER ORDERED that within thirty days from the date of this order the
warden of the Colorado State Penitentiary in Canon City, Colorado, is instructed to
respond and verify to the Court whether Plaintiff, Arthur Moore, has been denied the
withdrawal of funds from his account for payment of the filing fee to the Court and, if Mr.
Moore was denied the withdrawal of funds, why the request was denied. It is
FURTHER ORDERED that within thirty days from the date of this order the
warden also is instructed to respond and verify to the Court whether Mr. Moore has
followed the proper procedure for requesting the filing fee be sent to the Court.
DATED at Denver, Colorado, this 31st day of

March , 2016.

BY THE COURT:

Gordon P. Gallagher
United States Magistrate Judge

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