Carr et al v. US Bank North America et al

Filing 3

ORDER Directing Plaintiff to Cure Deficiency, by Magistrate Judge Boyd N. Boland on 1/5/12. (lyg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 11-cv-03377-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.)
DWIGHT A. CARR, and
DEBORAH A. STEVENS-CARR,
Plaintiff,
v.
US BANK NORTH AMERICA,
OCWEN LOAN SERVICING, LLC, and
VADEN LAW FIRM, Attorneys for the Defendants,
Defendants.

ORDER DIRECTING PLAINTIFFS TO CURE DEFICIENCY

Plaintiffs have submitted a Motion and Affidavit for Leave to Proceed Pursuant to
28 U.S.C. § 1915 and a “Complaint and Jury Demand.” As part of the court’s review
pursuant to D.C.COLO.LCivR 8.1, 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 wishes to pursue their claims. Any papers that the Plaintiffs file in
response to this order must include the civil action number on this order.
Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915:
(1)
X
is not submitted: each Plaintiff must submit an individual § 1915 motion.
(2)
is not on proper form (must use the court’s current form)
(3)
is missing original signature by Plaintiffs
(4)
is missing affidavit
(5)
affidavit is incomplete
affidavit is not notarized or is not properly notarized
(6)
(7)
names in caption do not match names in caption of complaint, petition or

(8)

X

application
other: Motions are necessary only if $350.00 filing fee is not paid in
advance.

Complaint or Petition:
(9)
is not submitted
is not on proper form (must use the court’s current form)
(10)
(11)
is missing an original signature by the Plaintiffs
(12)
is incomplete
(13)
uses et al. instead of listing all parties in caption
(14)
names in caption do not match names in text
(15) __
addresses must be provided for all defendants/respondents in “Section A.
Parties” of complaint, petition or habeas application
(16)
other
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 each obtain the court-approved
Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 form, 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 January 5, 2012, at Denver, Colorado.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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