Bertolo v. Colorado Department of Corrections et al

Filing 11

Minute ORDER. HEREBY ORDERED that on or before 1/3/12, Plaintiff shall submit an amended Complaint on the court-approved Prisoner Complaint form, along with a court approved Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915. FURTHER ORDERED that Plaintiff's Motion for Appointment of Counsel 8 and Motion to distribute documents to all parties 9 are denied as premature, by Magistrate Judge Boyd N. Boland on 12/5/11.(lygsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-02822-BNB
JAMES M. BERTOLO,
Plaintiff,
v.
COLORADO DEPARTMENT OF CORRECTIONS,
TONY CAROCHI, Director of Prisons,
PAMELA J. PHOUGHE, Warden CTCF, and
MR. BENEZEE, Lieutenant CTCF,
Defendants.

MINUTE ORDER
ORDER ENTERED BY MAGISTRATE JUDGE BOYD N. BOLAND
On November 7, 2011, the Court entered an order directing Plaintiff to cure
certain deficiencies in this case within thirty days of the Court’s order. On December 2,
2011, Plaintiff filed a certified copy of his prisoner’s trust fund statement that complies
with the November 7 Order. However, the [amended] Complaint filed by Plaintiff on
December 2, 2011 is not on the court-approved Prisoner Complaint form, as directed by
the November 7, 2011 Order. Furthermore, Plaintiff has not submitted a Prisoner’s
Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 on the courtapproved form, as directed by the November 7 Order. The Court will grant Plaintiff an
extension of time to cure the remaining deficiencies. Accordingly, it is
HEREBY ORDERED that on or before January 3, 2012, Plaintiff shall submit an
amended Complaint on the court-approved Prisoner Complaint form, along with a courtapproved Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. §
1915. Plaintiff can obtain the court-approved forms (with the assistance of his case
manager or the facility’s legal assistant), along with the applicable instructions, at
www.cod.uscourts.gov. Failure to comply with this Minute Order and with the
November 7 Order will result in dismissal of this action without prejudice and without
further notice. It is
FURTHER ORDERED that Plaintiff’s Motion for Appointment of Counsel (Doc.
#8) and Motion to distribute documents to all parties (Doc. #9), which the Court
construes liberally as a motion to commence discovery, are denied as premature.
Dated: December 5, 2011