Stephens v. Machol & Johannes LLC et al

Filing 4

ORDER Directing Plaintiff to Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 7/25/2012. (skssl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-01928-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.)
LEIF STEPHENS,
Plaintiff,
v.
MACHOL & JOHANNES LLC, a Colorado limited liability company, and
ARIANNE K. GRONOWSKI,
Defendants.

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES
Plaintiff has submitted a pro se “Application to Proceed in District Court without
Prepaying Fees or Costs” and a Complaint. 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. The Court notes that the Complaint is signed by
Brian William Wallace, who indicates that he is an advocate for the named Plaintiff.
There is no indication that Mr. Wallace is a licensed attorney. Therefore, Mr. Wallace
may not represent Plaintiff in this action. See 28 U.S.C. § 1654.
Plaintiff will be directed to cure the following if he wishes to pursue his claims.
Any papers which 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

is not on proper form (must use the court’s current form)
is missing original signature by Plaintiff
is missing affidavit
affidavit is incomplete
X
affidavit is not notarized or is not properly notarized
names in caption do not match names in caption of complaint, petition or
application
An original and a copy have not been received by the court.
(8)
Only an original has been received.
(9)
X
other: Motion is necessary only if $350.00 filing fee is not paid in advance.
Complaint or Petition:
(10)
is not submitted
(11)
is not on proper form (must use the court’s current form)
(12)
X
is missing an original signature by the Plaintiff
(13)
is incomplete
(14)
uses et al. instead of listing all parties in caption
An original and a copy have not been received by the court. Only an
(15)
original has been received.
(16)
Sufficient copies to serve each defendant/respondent have not been
received by the court.
(17)
names in caption do not match names in text
other
(18)
(2)
(3)
(4)
(5)
(6)
(7)

X

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 Complaint
and Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 forms,
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 at Denver, Colorado, this 25th day of
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July

, 2012.

BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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