Eller v. Hartley et al
Filing
3
ORDER Directing Plaintiff to Cure Deficiencies. ORDER denying as unneccesary 1 Motion: Leave to Proceed a Civil Action, by Magistrate Judge Boyd N. Boland on 9/06/2012.(skssl, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-02370-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.)
WILLIAM ELLER,
Plaintiff,
v.
STEVE HARTLEY, and
DARYL VIGIL,
Defendants.
ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES
Plaintiff, William Eller, is a prisoner in the custody of the Colorado Department of
Corrections who currently in incarcerated at the Centennial Correctional Facility in
Cañon City, Colorado. He has filed pro se a motion titled “Motion: Leave to Proceed a
Civil Action § 1983 Complaint Against Multiple Dept. of Corrections Facilitys [sic] in One
Civil Action Complaint” (ECF No. 1).
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:
(1)
X
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
(4)
(5)
(6)
(7)
(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)
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:
is not submitted
(11)
X
(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
(19)
other:
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 (with the assistance of his case
manager or the facility’s legal assistant) the Court-approved forms used in filing a
Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 and
a Prisoner Complaint, along with the applicable instructions, at 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. It is
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FURTHER ORDERED that the motion titled “Motion: Leave to Proceed a Civil
Action § 1983 Complaint Against Multiple Dept. of Corrections Facilitys [sic] in One Civil
Action Complaint” (ECF No. 1) is denied as unnecessary.
DATED September 6, 2012, at Denver, Colorado.
BY THE COURT:
s/Boyd N. Boland
United States Magistrate Judge
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