Adler v. American Home Mortgage Servicing, Inc.
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-00291-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.)
GARY ADLER,
Plaintiff,
v.
AMERICAN HOME MORTGAGE SERVICING, INC.,
Defendant.
ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCY
Plaintiff, through counsel, has submitted a Complaint, an Application to Proceed
in District Court Without Prepaying of Fees or Costs and a Notice of Related Case. 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.
Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915:
(1)
is not submitted
(2)
X
is not on proper form (must use the court’s current form)
(3)
is missing original signature by Plaintiff
is missing affidavit
(4)
(5)
affidavit is incomplete
(6)
affidavit is not notarized or is not properly notarized
(7)
names in caption do not match names in caption of complaint, petition or
application
(8)
X
other: Motion is necessary only if $350.00 filing fee is not paid in advance.
Complaint or Petition:
(9)
is not submitted
(10)
is not on proper form (must use the court’s current form)
is missing an original signature by the Plaintiff
(11)
(12)
is incomplete
(13)
uses et al. instead of listing all parties in caption
names in caption do not match names in text
(14)
(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 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 form, 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.
DATED February 8, 2012, at Denver, Colorado.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge
2
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