Ellis v. Police Department et al

Filing 5

ORDER Directing Plaintiff to Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 07/17/12. (nmmsl, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 12-cv-01853-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.) TONY LEE ELLIS, Plaintiff, v. POLICE DEPARTMENT, SHERIFFS DEPARTMENT, DISTRICT ATTORNEY’S OFFICE, PUBLIC DEFENDER’S OFFICE, COURT DIRECTORS OF FOREGOINGS, DEPARTMENT OF CORRECTIONS, PROBATIONS DEPARTMENT, and SOCIAL SECURITY ADM., Defendants. ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES Plaintiff, Tony Lee Ellis, currently is detained at the Denver County Jail in Denver, Colorado. Plaintiff, acting pro se, initiated this action by filing a Prisoner Complaint, a Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915, and an Ex Parte Motion for Judicial Stay. 28 U.S.C. § 1915 Motion and Affidavit: (1) (2) (3) 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 (4) (5) (6) (7) X (8) (9) (10) 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 for filing prisoner complaints) 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: Complaint, Petition or Application: (11) (12) (13) (14) (15) (16) X (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: No addresses are listed for defendants in Section A. Parties. Accordingly, it is ORDERED that Plaintiff cure the deficiencies designated above within thirty 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 form used in filing a Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 (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 2 FURTHER ORDERED that if Plaintiff fails to cure the designated deficiencies within thirty days from the date of this Order the action will be dismissed without further notice. DATED: July 17, 2012, at Denver, Colorado. BY THE COURT: s/Boyd N. Boland United States Magistrate Judge 3

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