Nagim et al v. Internal Revenue Service

Filing 3

ORDER Directing Plaintiffs to Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 1/6/12. (lyg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 11-cv-03405-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.)
RONALD J. NAGIM, and
JANET SARMIENTO,
Plaintiffs,
v.
INTERNAL REVENUE SERVICE,
Defendant.

ORDER DIRECTING PLAINTIFFS TO CURE DEFICIENCIES

Plaintiffs have submitted a Complaint and a Motion and Affidavit for Leave to
Proceed Pursuant to 28 U.S.C. § 1915. 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)
X
is missing original signature by Plaintiffs: Plaintiff, Janet Sarmiento, must
sign and submit her own § 1915 motion.
(4)
is missing affidavit
(5)
affidavit is incomplete
(6)
affidavit is not notarized or is not properly notarized
names in caption do not match names in caption of complaint, petition or
(7)
application

(8)

X

other: Motion is necessary only if $350.00 filing fee is not paid in advance.

Complaint or Petition:
is not submitted
(9)
(10)
X
is not on proper form (must use the court’s current form)
(11)
is missing an original signature by the Plaintiffs
is incomplete
(12)
(13)
uses et al. instead of listing all parties in caption
(14)
names in caption do not match names in text
(15)
X
addresses must be provided for all defendants/respondents in “Section A.
Parties” of complaint, petition or habeas application
other: each Plaintiff must sign the amended complaint
(16)
X
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 Motion
and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 and Complaint forms,
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 6, 2012, at Denver, Colorado.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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