Schoen v. Sexton

Filing 4

ORDER Directing Plantiff to Cure Deficiency by Magistrate Judge Boyd N. Boland on 4/10/2012. (skssl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-00941-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.)
AMBER SCHOEN,
Plaintiff,
v.
BRENDA SEXTON,
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 she
wishes to pursue her claims. Any papers that 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:
is not submitted
(1)
(2)
is not on proper form (must use the court’s current form)
(3)
X
is missing original signature by Plaintiff
(4)
is missing affidavit
(5)
affidavit is incomplete
affidavit is not notarized or is not properly notarized
(6)
X
(7)
names in caption do not match names in caption of complaint, petition or
application
(8)
X
other: form must be signed and notarized or certified pursuant to 28
U.S.C. § 1746.

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)
X
is incomplete: Failed to identify jurisdiction on page 2; failed to state
claims on pages 3-5; and failed to state request for relief on page 6
(13)
uses et al. instead of listing all parties in caption
(14)
names in caption do not match names in text
(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 Plaintiff cure the deficiencies designated above within thirty
(30) days from the date of this Order. Any papers that Plaintiff files in response to
this Order must include the civil action number on this Order. It is
FURTHER ORDERED that Plaintiff shall obtain the Court-approved Complaint
form and the 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 Plaintiff fails to cure the designated deficiencies
within thirty days from the date of this Order, the Complaint and the action will be
dismissed without further notice.
DATED April 10, 2012, at Denver, Colorado.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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