Graham v. Teller County, Colorado et al
Filing
5
ORDER Directing Plaintiff to Cure Deficiency. by Magistrate Judge Boyd N. Boland on 10/23/12. (bnbcd, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-02796-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.)
THOMAS GRAHAM,
Plaintiff,
v.
TELLER COUNTY, COLORADO,
THE CITY OF CRIPPLE CREEK, COLORADO,
MIKE ENSMINGER, Teller County Sheriff, in his official and individual capacity,
STAN BISHOP, Teller County Undersheriff, in his individual capacity,
DETECTIVE ROMERO, Teller County Sheriff’s Office Deputy, in his official and
individual capacity,
“JOHN DOE #1,” Teller County Sheriff’s Office Deputy, in his official and individual
capacity,
JOSH WEATHERILL, Teller County Sheriff’s Office Deputy and Member of Teller
County Emergency Response, in his individual capacity,
NICK HARTBAUER, Teller County Sheriff’s Office Deputy and Member of Teller
County Emergency Response, in his individual capacity,
JESSE BAKER, Tactical Medic of the Teller County Emergency Response, in his
individual capacity, and
APRIL PETERSON, Cripple Creek Chief of Police, in her individual capacity,
Defendants.
ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCY
Plaintiff, Thomas Graham, currently is incarcerated at the Teller County
Detention Facility in Divide, Colorado. Plaintiff, acting pro se, initiated this action by
filing a motion titled “Motion for Leave to Proceed on Appeal Without Prepayment of
Costs or Fees (non-PLRA)” (ECF No. 3) and a 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)
X
is missing certified copy of prisoner's trust fund statement for the 6-month
period immediately preceding this filing
(4)
is missing certificate showing current balance in prison account
is missing required financial information
(5)
(6)
X
is missing an original signature by the prisoner
(7)
X
is not on proper form (must use the court’s current form)
(8)
X
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.
(9)
Only an original has been received.
(10)
other:
Complaint, Petition or Application:
(11)
is not submitted
(12)
X
is not on proper form (must use the court’s current form)
(13)
X
is missing an original signature by the prisoner
is missing page nos.
(14)
(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
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order must include the civil action number on this order. It is
FURTHER ORDERED that Plaintiff shall obtain the court-approved Prisoner’s
Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 and Prisoner
Complaint forms (with the assistance of his case manager or the facility’s legal
assistant), along with the applicable instructions, at www.cod.uscourts.gov, and used
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 action will be dismissed without
further notice.
DATED: October 23, 2012, at Denver, Colorado.
BY THE COURT:
s/Boyd N. Boland
United States Magistrate Judge
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