Carbajal et al v. City and County of Denver et al

Filing 4

ORDER Directing Plaintiff to Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 11/7/11. (lygsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 11-cv-02826-BNB
(The above civil action number must appear on all future papers
sent to the court in this action. Failure to include this number
may result in a delay in the consideration of your claims.)
VICTORIA CARBAJAL, and
DEAN CARBAJAL,
Plaintiffs,
v.
CITY AND COUNTY OF DENVER, a Political Subdivision of the State of Colorado,
MITCHELL R. MORRISSEY, District Attorney for the Second Judicial District, in His
Individual and Official Capacity,
ANNE M. MANSFIELD, District Court Judge for the Second Judicial District, in Her
Individual and Official Capacity,
REBEKAH MELNICK, Deputy District Attorney for the Second Judicial District, in Her
Individual and Official Capacity,
LARA MULLIN, Deputy District Attorney for the Second Judicial District, In Her
Individual and Official Capacity, and
EDWARD D. BROFIN, Magistrate Judge for the Second Judicial District, In His
Individual and Official Capacity,
Defendants.

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES

Plaintiffs have submitted a “Complaint and Jury Demand,” Letter, and have paid
the $350.00 filing fee. As part of the court’s review pursuant to D.C.COLO.LCivR 8.2,
the court has determined that the submitted documents are deficient as described in
this order. Plaintiffs will be directed to cure the following if they wish to pursue their
claims. Any papers that the Plaintiffs file in response to this order must include the civil
action number on this order.

28 U.S.C. § 1915 Motion and Affidavit:
(1)
is not submitted
(2)
is missing affidavit
is missing certified copy of prisoner's trust fund statement for the 6-month
(3)
period immediately preceding this filing
(4)
is missing certificate showing current balance in prison account
is missing required financial information
(5)
(6)
is missing an original signature by the prisoner
(7)
is not on proper form (must use the court’s current form)
(8)
names in caption do not match names in caption of complaint, petition or
habeas application
other:
.
(9)
Complaint, Petition or Application:
(10)
is not submitted
is not on proper form (must use the court’s current form)
(11)
X
(12)
is missing an original signature by the prisoner
(13)
is missing page nos.
(14)
uses et al. instead of listing all parties in caption
(15)
names in caption do not match names in text
addresses must be provided for all defendants/respondents in “Section A.
(16)
X
Parties” of complaint, petition or habeas application
(17)
X
other: Both plaintiffs must sign Prisoner Complaint form.
Accordingly, it is
ORDERED that the Plaintiffs cure the deficiencies designated above within
thirty (30) days from the date of this order. Any papers which the Plaintiffs file in
response to this order must include the civil action number on this order. It is
FURTHER ORDERED that the Plaintiffs shall obtain the court-approved Prisoner
Complaint form (with the assistance of his case manager or the facility’s legal assistant),
along with the applicable instructions, at www.cod.uscourts.gov. It is
FURTHER ORDERED that, if the Plaintiffs fail to cure the designated deficiencies
within thirty (30) days from the date of this order, the complaint and the action will
be dismissed without further notice. The dismissal shall be without prejudice.
DATED November 7, 2011, at Denver, Colorado.
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BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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