Reynolds v. Director(s), Colorado Department Of Corrections et al

Filing 7

AMENDED ORDER Directing Plaintiff To Cure Deficiency, by Magistrate Judge Boyd N. Boland on 10/11/12. (nmmsl, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 12-cv-02558-BNB JOHNNY L. REYNOLDS, Plaintiff, v. DIRECTOR(S), COLORADO DEPARTMENT OF CORRECTIONS, et al., WARDEN(S), LIMON CORRECTIONAL FACILITY, MICHAEL LIND, Captain #3620, CORDOVA, Lt. #3191, JONI CORCORAN, Lt. #12916, GISELA WALKER, P.A. #3243, ANTHONY DECESARO, Step III Grievance Officer, and JOHN REILLY, Correctional Industries Supervisor, Defendants. AMENDED ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCY Plaintiff has submitted a Prisoner Complaint and a Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915. 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 the Plaintiff files in response to this order must include the civil action number on this order. 28 U.S.C. § 1915 Motion and Affidavit: is not submitted (1) (2) is missing affidavit (3) is missing certified copy of prisoner's trust fund statement for the 6-month period immediately preceding this filing is missing certificate showing current balance in prison account (4) (5) is missing required financial information is missing an original signature by the prisoner (6) (7) (8) (9) 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 other: Complaint, Petition or Application: is not submitted (10) (11) is not on proper form (must use the court’s current form) (12) xx is missing an original signature by the prisoner (13) xx is missing page no. 8 (missing Declaration Under Penalty of Perjury and Plaintiff’s original signature). (14) uses et al. instead of listing all parties in caption (15) names in caption do not match names in text (16) addresses must be provided for all defendants/respondents in “Section A. Parties” of complaint, petition or habeas application other: (17) 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 Prisoner Complaint form (with the assistance of his case manager or the facility’s legal assistant), 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 action will be dismissed without further notice. The dismissal shall be without prejudice. DATED October 11, 2012, at Denver, Colorado. BY THE COURT: s/ Boyd N. Boland United States Magistrate Judge 2

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