Joseph v. District Court, Arapahoe County, Colorado et al

Filing 12

ORDER Directing Plaintiff to Cure Deficiences. ORDER DENIED as moot 8 Motion to Amend Civil Case Sheet, by Magistrate Judge Boyd N. Boland on 10/04/2012.(skssl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-02419-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.)
BENJAMIN JOSEPH, Executor, Estate Known as Benjamin Joseph Morris, Including
Estate Known as Silas DeWayne Morris,
Plaintiff,
v.
DISTRICT COURT, Arapahoe County, Colorado, 7325 S. Potomac Street, Centennial,
Colorado, 80112, and
MAGISTRATE ROBERT R. LUNG, 7325 Potomac Street, Centennial, Colorado, 80112,
Defendants.

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES

Plaintiff, Benjamin Joseph, currently resides in Lakewood, Colorado. Mr. Joseph
has submitted a pleading titled, “Claim of Relief” and Motion to Proceed as Waiver of
Filing Fees. Mr. Joseph also filed a Motion requesting permission to amend the civil
cover sheet and an Amended Claim of Relief.
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. Mr.
Joseph will be directed to cure the following if he wishes to pursue his claims. Any
papers that Mr. Joseph 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)
(2)
(3)
(4)

X

is not submitted
is not on proper form (must use the Court’s current form)
is missing original signature by Plaintiff
is missing affidavit

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

affidavit is incomplete
affidavit is not notarized or is not properly notarized
names in caption do not match names in caption of complaint, petition or
application
other:

Complaint or Petition:
(9)
is not submitted
is not on proper form (must use the court’s current form)
(10)
X
(11)
is missing an original signature by the Plaintiff
(12)
is incomplete:
(13)
uses et al. instead of listing all parties in caption
(14)
names in caption do not match names in text
(15) __
addresses must be provided for all defendants/respondents in "Section A.
Parties" of complaint, petition or habeas application
(16)
other:
Accordingly, it is
ORDERED that Mr. Joseph cure the deficiencies designated above within thirty
days from the date of this Order. It is
FURTHER ORDERED that Mr. Joseph shall obtain the Court-approved form
used in filing a Complaint and a 28 U.S.C. § 1915 Motion and Affidavit, along with the
applicable instructions, at www.cod.uscourts.gov. It is
FURTHER ORDERED that if Mr. Joseph 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
FURTHER ORDERED that the Court will refrain from addressing Defendants’
Motion to Dismiss until the D.C.COLO.LCivR 8.1 review has been completed. It is
FURTHER ORDERED that Mr. Joseph’s Motion, ECF No. 8, is denied as moot.
DATED October 4, 2012, at Denver, Colorado.
BY THE COURT:
s/Boyd N. Boland
United States Magistrate Judge
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