Page v. Asset Acceptance, L.L.C.
Filing
6
ORDER Directing Plaintiff to Cure Deficiency, by Magistrate Judge Boyd N. Boland on 2/8/12. (lsw, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-00275-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.)
DONALD PAGE,
Plaintiff,
v.
ASSET ACCEPTANCE, L.L.C.,
Defendant.
ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCY
Plaintiff has 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. 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.
This action was inadvertently assigned to a district judge. The case now has
been reassigned to a magistrate judge for the purpose of an initial review. Any
summons and consent forms sent to Plaintiff were done so prematurely and should be
disregarded until the initial review is completed.
Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915:
(1)
is not submitted
(2)
(3)
(4)
(5)
(6)
(7)
(8)
X
X
is not on proper form (must use the court’s current form)
is missing original signature by Plaintiff
is missing affidavit
affidavit is incomplete
affidavit is not notarized or is not properly notarized
names in caption do not match names in caption of complaint, petition or
application
other: Motion is 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 Plaintiff
(12)
is incomplete
(13)
uses et al. instead of listing all parties in caption
(14)
names in caption do not match names in text
addresses must be provided for all defendants/respondents in “Section A.
(15)
X
Parties” of complaint, petition or habeas application
(16)
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 the Plaintiff 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 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.
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DATED February 8, 2012, at Denver, Colorado.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge
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