Themis v. Bivens et al
Filing
3
ORDER Directing Plaintiff to Cure Deficiency, by Magistrate Judge Boyd N. Boland on 2/2/12. (lyg, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-00160-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.)
GUY THEMIS,
Plaintiff,
v.
MR. BIVENS, Acting Corrections Officer at S.C.F, Individual and Official Capacity,
Defendant.
ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCY
Plaintiff has submitted a Prisoner’s Motion and Affidavit for Leave to Proceed
Pursuant to 28 U.S.C. § 1915 and a Prisoner Complaint. 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. Plaintiff will be directed to cure the
following if he wishes to pursue his claims. Any papers that the Plaintiff files 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
(3)
X
is missing certified copy of prisoner's trust fund statement for the 6-month
period immediately preceding this filing
is missing certificate showing current balance in prison account
(4)
(5)
is missing required financial information
(6)
is missing an original signature by the prisoner
is not on proper form (must use the court’s current form)
(7)
(8)
names in caption do not match names in caption of complaint, petition or
(9)
X
habeas application
other: Account statement is necessary only if $350.00 filing fee is not paid
in advance.
Complaint, Petition or Application:
(10)
is not submitted
is not on proper form (must use the court’s current form)
(11)
(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
(16) __
addresses must be provided for all defendants/respondents in “Section A.
Parties” of complaint, petition or habeas application
(17)
other:
Accordingly, it is
ORDERED that the Plaintiff cure the deficiencies designated above within thirty
(30) days from the date of this order. Any papers which the Plaintiff files in response
to this order must include the civil action number on this order. It is
FURTHER ORDERED that, if the Plaintiff fails 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 February 2, 2012, at Denver, Colorado.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge
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