Wingfield v. Clark et al

Filing 35

MINUTE ORDER denying without prejudice 32 Plaintiffs Motion for Amendment of Pleadings/Joinder of Parties. As Plaintiffs Motion was timely filed, the Court sua sponte extends the deadline for joinder of parties and amendment of pleadings to January 23, 2012. The Clerk of Court is directed to mail a copy of the pro se prisoner forms to Plaintiff at the address listed on the docket. by Magistrate Judge Kristen L. Mix on 12/30/2011. (Attachments: # 1 Prisoner complaint form)(ervsl, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. (To be supplied by the court) , Plaintiff, v. , , , , , , , , Defendant(s). (List each named defendant on a separate line.) PRISONER COMPLAINT (Rev. 1/30/07) A. PARTIES 1. (Plaintiff’s name, prisoner identification number, and complete mailing address) 2. (Name, title, and address of first defendant) At the time the claim(s) alleged in this complaint arose, was this defendant acting under Yes No (CHECK ONE). Briefly explain your answer: color of state law? 3. (Name, title, and address of second defendant) At the time the claim(s) alleged in this complaint arose, was this defendant acting under color of state law? Yes No (CHECK ONE). Briefly explain your answer: 4. (Name, title, and address of third defendant) At the time the claim(s) alleged in this complaint arose, was this defendant acting under color of state law? Yes No (CHECK ONE). Briefly explain your answer: (If you are suing more than three defendants, use extra paper to provide the information requested above for each additional defendant. The information about additional defendants should be labeled “A. PARTIES.”) (Rev. 1/30/07) 2 B. JURISDICTION 1. I assert jurisdiction over my civil rights claim(s) pursuant to: (check one if applicable) 28 U.S.C. § 1343 and 42 U.S.C. § 1983 (state prisoners) 28 U.S.C. § 1331 and Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971) (federal prisoners) 2. I assert jurisdiction pursuant to the following additional or alternative statutes (if any): C. NATURE OF THE CASE BRIEFLY state the background of your case. If more space is needed to describe the nature of the case, use extra paper to complete this section. The additional allegations regarding the nature of the case should be labeled “C. NATURE OF THE CASE.” (Rev. 1/30/07) 3 D. CAUSE OF ACTION State concisely every claim that you wish to assert in this action. For each claim, specify the right that allegedly has been violated and state all supporting facts that you consider important, including the date(s) on which the incident(s) occurred, the name(s) of the specific person(s) involved in each claim, and the specific facts that show how each person was involved in each claim. You do not need to cite specific cases to support your claim(s). If additional space is needed to describe any claim or to assert more than three claims, use extra paper to continue that claim or to assert the additional claim(s). The additional pages regarding the cause of action should be labeled “D. CAUSE OF ACTION.” 1. Claim One: Supporting Facts: (Rev. 1/30/07) 4 2. Claim Two: Supporting Facts: (Rev. 1/30/07) 5 3. Claim Three: Supporting Facts: (Rev. 1/30/07) 6 E. PREVIOUS LAWSUITS Have you ever filed a lawsuit, other than this lawsuit, in any federal or state court while you were incarcerated? Yes No (CHECK ONE). If your answer is "Yes," complete this section of the form. If you have filed more than one lawsuit in the past, use extra paper to provide the necessary information for each additional lawsuit. The information about additional lawsuits should be labeled "E. PREVIOUS LAWSUITS." 1. Name(s) of defendant(s) in prior lawsuit: 2. Docket number and court name: 3. Claims raised in prior lawsuit: 4. Disposition of prior lawsuit (for example, is the prior lawsuit still pending? Was it dismissed?): 5. If the prior lawsuit was dismissed, when was it dismissed and why? 6. Result(s) of any appeal in the prior lawsuit: F. ADMINISTRATIVE RELIEF 1. Is there a formal grievance procedure at the institution in which you are confined? Yes 2. No (CHECK ONE). Did you exhaust available administrative remedies? (Rev. 1/30/07) 7 Yes No (CHECK ONE). G. REQUEST FOR RELIEF State the relief you are requesting. If you need more space to complete this section, use extra paper. The additional requests for relief should be labeled “G. REQUEST FOR RELIEF.” DECLARATION UNDER PENALTY OF PERJURY I declare under penalty of perjury that I am the plaintiff in this action, that I have read this complaint, and that the information in this complaint is true and correct. See 28 U.S.C. § 1746; 18 U.S.C. § 1621. Executed on (Date) (Prisoner’s Original Signature) (Rev. 1/30/07) 8

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