Opinion
Civil Action No. 05-cv-00576-PSF-CBS.
February 23, 2006
ORDER ON PENDING MOTIONS
This matter is before the Court on Plaintiff's Motion for Leave to Proceed on Appeal Under 28 U.S.C. § 1915 (Dkts. ## 57, 63, and 69) and Plaintiff's Motion for Court Order (Dkt. # 71).
In light of the Magistrate Judge's Order granting plaintiff's motion to withdraw his earlier motion to dismiss and "reactivating" the case (Dkt. # 73), and in light of the Tenth Circuit's Order abating the appeal pending notification of disposition of plaintiff's motion to withdraw (Dkt. # 67), plaintiff's appeal-related requests (Dkts. ## 57, 63, and 69) are premature and thus DENIED.
Plaintiff's Motion for Court Order requests this Court to "fax or mail a copy of [the January 18, 2006] Order to the Denver County Jail" so that plaintiff may provide a certified copy of his account statement. The earlier referenced Order (Dkt. # 66) instructed plaintiff to request prison officials provide him with a certified copy of his trust fund account statement for the six-month period immediately preceding the January 6, 2005 initiation of his appeal. Because the trust fund account statement, previously needed for purposes of determining plaintiff's in forma pauperis motions, is no longer necessary due to the prematurity of an appeal at this point, plaintiff's motion (Dkt. # 71) is also DENIED.