Albright v. State of Colorado et al

Filing 3

ORDER Directing Plaintiff to Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 8/20/2012. (skssl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-02174-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.)
GREGORY DEAN ALBRIGHT,
Plaintiff,
v.
STATE OF COLORADO, a State in the United States of America,
THE SEVENTH JUDICIAL DISTRICT, a Political Subdivision in the State of Colorado,
and
STEVE HARTLEY, Warden of the Arkansas Valley Correctional Facility,
Defendants.

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES

Plaintiff, Gregory Dean Albright, is a prisoner in the custody of the Colorado
Department of Corrections who currently is incarcerated at the Arkansas Valley
Correctional Facility in Crowley, Colorado. He has submitted pro se a document titled
“Preamble of Complaint and Notification of Intended Action” (ECF No. 1). Mr. Albright
attempts to assert jurisdiction pursuant to 42 U.S.C. §§ 1983, 1985, and 1986; and 28
U.S.C. §§ 1343, 1443, 2241, 2254, and 2201. Mr. Albright is advised that he may not
assert civil rights claims and habeas corpus claims in the same action.
As part of the Court’s review pursuant to D.C.COLO.LCivR 8.2, the Court has
determined that the submitted document is deficient as described in this Order. Plaintiff
will be directed to cure the following if he wishes to pursue his claims. Any papers that
Plaintiff files in response to this Order must include the civil action number noted above

in the caption of this Order.
28 U.S.C. § 1915 Motion and Affidavit:
is not submitted
(1)
X
(2)
is missing affidavit
(3)
is missing certified copy of prisoner's trust fund statement for the 6-month
period immediately preceding this filing
(4)
is missing certificate showing current balance in prison account
(5)
is missing required financial information
(6)
is missing an original signature by the prisoner
(7)
is not on proper form (must use the court’s current form for filing prisoner
complaints)
(8)
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.
(9)
Only an original has been received.
(10)
other:
Complaint, Petition or Application:
(11)
X
is not submitted
(12)
is not on proper form (must use the court’s current form)
(13)
is missing an original signature by the prisoner
(14)
is missing page nos.
(15)
uses et al. instead of listing all parties in caption
An original and a copy have not been received by the court. Only an
(16)
original has been received.
(17)
Sufficient copies to serve each defendant/respondent have not been
received by the court.
(18)
names in caption do not match names in text
other:
(19)
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 forms used
in filing whatever type of action he is trying to initiate (with the assistance of his case
manager or the facility’s legal assistant), along with the applicable instructions, at
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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 action will be dismissed without
further notice.
DATED: August 20, 2012, at Denver, Colorado.
BY THE COURT:
s/Boyd N. Boland
United States Magistrate Judge

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