Galindo v. Marzales et al

Filing 7

ORDER Directing Plaintiff to Cure Deficiency, and DENYING 5 Motion to Compel; and DENYING as premature 6 Motion for Issuance of Summons, by Magistrate Judge Boyd N. Boland on 07/19/12.(nmmsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 12-cv-01878-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.)
ISAAC JOHN GALINDO,
Plaintiff,
v.
ANTHONY MARZALES,
OLGA COSTA DAVIS, and
VICTOR REYES,
Defendants.

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCY

Plaintiff has submitted a pro se Prisoner Complaint and a Prisoner’s 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 8.2, 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)
is not submitted
(2)
is missing affidavit
is missing certified copy of prisoner's trust fund statement for the 6-month
(3)
X
period immediately preceding this filing (account statement does not need
to be notarized; instead, it must be certified by the appropriate official at
Plaintiff’s facility)
(4)
is missing certificate showing current balance in prison account (account
statement submitted is not certified)

(5)
(6)
(7)
(8)
(9)

X

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
other: Motion is necessary only if $350.00 filing fee is not paid in advance.

Complaint, Petition or Application:
is not submitted
(10)
(11)
is not on proper form (must use the court’s current form)
(12)
is missing an original signature by the prisoner
is missing page nos.
(13)
(14)
uses et al. instead of listing all parties in caption
(15)
names in caption do not match names in text
(16) __
addresses must be provided for all defendants/respondents in “Section A.
Parties” of complaint, petition or habeas application
(17)
other
Accordingly, it is
ORDERED that the Plaintiff cure the deficiency 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, if the Plaintiff fails to cure the designated deficiency
within thirty (30) days from the date of this order, the action will be dismissed
without further notice. The dismissal shall be without prejudice. It is
FURTHER ORDERED that the “Motion to Summons in a Civil Action” (ECF No.
6) is DENIED as premature. It is
FURTHER ORDERED that the “Motion to Make Request from Clerk of Courts”
(ECF No. 5), in which Plaintiff requests that the Court send him a copy of his Complaint,
is DENIED. Mr. Galindo may obtain copies of the electronic documents filed in this
action at a cost of fifty cents per page, to be paid in advance. Mr. Galindo is advised to

2

keep his own copies of any documents that he files with the Court because the Court's
electronic filing system does not allow the Court to maintain paper copies.
DATED July 19, 2012, at Denver, Colorado.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

3