Fuller v. Bent County Correctional Facility

Filing 5

ORDER Directing Plaintiff to Cure Deficiency, by Magistrate Judge Boyd N. Boland on 08/30/12. (nmmsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-02311-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.)
JOSEPH FULLER,
Plaintiff,
v.
C/O WILLORD, and
BENT COUNTY CORRECTIONAL FAILITY [sic],
Defendants.

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCY

Plaintiff, Joseph Fuller, is a prisoner in the custody of the Colorado Department
of Corrections (DOC) and who currently is housed at the Bent County Correctional
Facility in Las Animas, Colorado. Plaintiff, acting pro se, initiated this action by filing a
Prisoner Complaint and a Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant
to 28 U.S.C. § 1915. He also submitted a letter discussing, among other things, the
difficulty he is experiencing in obtaining a certified copy of his trust fund account
statement for the six-month period immediately preceding this filing, which is required
by § 1915(a)(2).
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 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:
(1)
is not submitted
(2)
is missing affidavit
is missing certified copy of prisoner's trust fund statement for the 6-month
(3)
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
is not on proper form (must use the court’s current form for filing prisoner
(7)
complaints)
(8)
names in caption do not match names in caption of complaint, petition or
habeas application
(9)
An original and a copy have not been received by the court.
Only an original has been received.
(10)
X
other: The account statement Plaintiff submitted is not certified by an
official at the institution where Plaintiff is held and is not for the six-month
period immediately preceding the filing of this action.
Complaint, Petition or Application:
(11)
is not submitted
(12)
is not on proper form (must use the court’s current form)
is missing an original signature by the prisoner
(13)
(14)
is missing page nos.
(15)
uses et al. instead of listing all parties in caption
(16)
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
(17)
received by the court.
(18)
names in caption do not match names in text
other:
(19)
Accordingly, it is
ORDERED that Plaintiff cure the deficiency 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 if Plaintiff fails to cure the designated deficiency
within thirty days from the date of this Order the action will be dismissed without

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further notice.
DATED: August 30, 2012, at Denver, Colorado.
BY THE COURT:
s/Boyd N. Boland
United States Magistrate Judge

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