Marshall v. Milyard et al

Filing 4

ORDER Directing Plaintiff to Cure Deficiency. by Magistrate Judge Boyd N. Boland on 10/22/12. (bnbcd, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 12-cv-02686-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.) ERIC MARSHALL, also known as PIERRE CLEVELAND, also known as PIERRE CLEVEAND, Plaintiff, v. KEVIN MILYARD, Warden, MICHAEL NEGLEY, Captain, TWEETEN, Lieutenant, JOHN DOE, Lieutenant, LIEUTENANT MORKERT, SERGEANT BELCHER, JOHN CHAPDELINE, Associate Warden, ARISTEDES W. ZAVARAS, Executive Director, and LLOYD WAIDE, Major, Defendants. ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCY Plaintiff, Eric Marshall, also known as Pierre Cleveland and as Pierre Cleveand, apparently was a prisoner in the custody of the Colorado Department of Corrections and incarcerated at the correctional facility in Sterling, Colorado, when he initiated this action. He currently appears to reside in Oklahoma City, Oklahoma. Plaintiff, acting pro se, initiated this action by filing a Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 (ECF No. 3) and a Prisoner 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 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: 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 (certified account statement submitted is too old) (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) X is not on proper form (must use the court’s current form for filing nonprisoner complaints) names in caption do not match names in caption of complaint, petition or (8) X habeas application (9) An original and a copy have not been received by the court. Only an original has been received. (10) X other: Address does not match address listed on page 2 of complaint. Complaint, Petition or Application: (11) is not submitted is not on proper form (must use the court’s current form) (12) 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 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: Plaintiff may not submit documents in less than 12-point font (see (19) X page 1 of complaint), must clarify current address because address is different on complaint and § 1915 motion, and aliases are not included on complaint. Accordingly, it is 2 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 the Plaintiff shall obtain the court-approved Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 and Prisoner Complaint, along with the applicable instructions, at www.cod.uscourts.gov, and use those forms in curing the designated deficiencies. It is FURTHER ORDERED that, if Plaintiff fails to cure the designated deficiencies within thirty days from the date of this order, the complaint and the action will be dismissed without further notice. DATED: October 22, 2012, at Denver, Colorado. BY THE COURT: s/Boyd N. Boland United States Magistrate Judge 3

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