Opinion
Civil Action No. 11-cv-01965-BNB
09-09-2011
JEREMY PINSON, Applicant, v. BLAKE DAVIS, Respondent.
MINUTE ORDER
ORDER ENTERED BY MAGISTRATE JUDGE BOYD N. BOLAND
In response to the Court's August 4, 2011 Order Directing Applicant to Cure Deficiencies, Applicant has submitted a Motion for Order to Provide Certified Statement requesting that the Court compel Respondent to furnish him with a six-month certified account statement. Nothing Applicant has attached to the Motion verifies that prison staff has refused to provide him with a certified copy of his account statement. Furthermore, Applicant also was instructed to provide a 28 U.S.C. § 1915 Motion and Affidavit used in requesting leave to proceed in forma pauperis in a habeas action, which he has not submitted.
Accordingly, the Court shall grant Applicant an additional thirty days from the date of this Minute Order to provide to the Court a certified trust fund account statement showing only the current balance in his prisoner account, which is the requirement in a habeas action, and to submit a § 1915 motion and affidavit used in § 2241 actions when seeking leave to proceed in forma pauperis. The § 1915 Court-approved form is available from Applicant's case manager or the facility's legal assistance, along with applicable instructions, at www.cod.uscourts.gov. If Applicant fails to submit a certified trust fund account statement, within thirty days from the date of this Order, or to provide a verified statement by prison staff that they refuse to provide to him a certified account statement or a § 1915 motion and affidavit the action will be dismissed without prejudice and without further notice. Applicant's Motion, Doc. No. 3, is DENIED.