Free Order - District Court of Colorado - Colorado

Case 1:03-cv-02319-WDM-MJW

Document 205

Filed 01/05/2006

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-cv-02319-WDM-MJW OLOYEA D. WALLIN, Plaintiff, v. CMI, et al., Defendants. MINUTE ORDER Entered by U.S. Magistrate Judge Michael J. Watanabe In an Order Granting Plaintiff Leave to Proceed Pursuant to 28 U.S.C. § 1915 Without Payment of Initial Partial Filing Fee,"which was filed on March 18, 2004 (Docket No. 11), Magistrate Judge Schlatter clearly directed that " order to show [i]n cause [why he has no assets and no means by which to make each monthly payment], Plaintiff must file a current certified copy of his trust fund account statement." (Emphasis added). In addition, the Order provided that " Plaintiff fails to have the if appropriate monthly payment sent to the Clerk of the Court each month or to show cause each month as directed above why he has no assets and no means by which to make the monthly payment, the Complaint may be dismissed without prejudice and without further notice."(Docket No. 11). On January 3, 2006, the plaintiff filed a " Motion to Show Cause"(Docket No. 204) in which he admits that he " has not attached his inmate account statement for the last six (6) months as he his [sic] unable to make copies of the inmate account while at the AVCF facility without a court order." It is, however, the plaintiff' responsibility to obtain and submit to the court a certified inmate s account statement each month if he seeks to show cause why he has no assets and no means by which to make each monthly payment toward his filing fee. It is thus hereby ORDERED that the plaintiff shall forthwith comply with the March 18, 2004, Order and submit a current certified copy of his trust fund account statement and continue to do so for each month hereafter in which he seeks to show cause why he has no assets and no means by which to make each monthly payment. Date: January 5, 2006