Ozsusamlar v. Davis et al.
Filing
3
ORDER Directing Plaintiff to Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 3/22/12. (lsw, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-00714-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.)
OSMAN N. OZSUSAMLAR
Plaintiff,
v.
[NO DEFENDANTS NAMED],
Defendants.
ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES
Plaintiff, Osman N. Ozsusamlar, a federal prisoner currently incarcerated at the
United States Penitentiary in Florence, Colorado, initiated an action in the United States
District Court for the Southern District of New York. Upon determining that Plaintiff’s
allegations against prison officials at USP-Florence, Colorado, were more properly
addressed by the United States District Court for the District of Colorado, the District
Court for the Southern District of New York entered a Transfer Order that transferred
the civil action to this Court.
Plaintiff has submitted a letter complaining about his conditions of confinement at
USP-Florence, Colorado, along with a second letter with attachments to support his
claims. 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.
28 U.S.C. § 1915 Motion and Affidavit:
(1)
(2)
(3)
X
X
(4)
(5)
(6)
(7)
(8)
(9)
(10)
X
is not submitted
is missing affidavit
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
is missing required financial information
is missing an original signature by the prisoner
is not on proper form (must use the court’s current form)
names in caption do not match names in caption of complaint, petition or
habeas application
An original and a copy have not been received by the court.
Only an original has been received.
other: Motion is necessary only if $5.00 filing fee is not paid in advance.
Complaint, Petition or Application:
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
X
X
is not submitted
is not on proper form (must use the court’s current form)
is missing an original signature by the prisoner
is missing page nos.
uses et al. instead of listing all parties in caption
An original and a copy have not been received by the court. Only an
original has been received.
Sufficient copies to serve each defendant/respondent have not been
received by the court.
names in caption do not match names in text
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 Prisoner’s
Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 and Prisoner
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Complaint forms (with the assistance of his case manager or the facility’s legal
assistant), 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 action will be dismissed
without further notice. The dismissal shall be without prejudice.
DATED March 22, 2012, at Denver, Colorado.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge
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