Dailey v. Doizaki et al

Filing 5

ORDER Directing Plaintiff to Cure Deficiency, by Magistrate Judge Boyd N. Boland on 10/24/12. (nmmsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-02798-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.)
MICHAEL ANTHONY DAILEY,
Plaintiff,
v.
SGT. DOIZAKI, # 9537, et al.,
Defendants.

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCY

Plaintiff, Michael Anthony Dailey, is in the custody of the Colorado Department of
Corrections and currently is incarcerated at the Bent County Correctional Facility in Las
Animas, Colorado. He 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 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)
(2)
(3)
(4)
(5)
(6)

is not submitted
is missing affidavit
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
is missing required financial information
is missing an original signature by the prisoner

(7)
(8)
(9)
(10)

X

is not on proper form (must use the court’s current form for filing prisoner
complaints)
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: The account statement covers only a portion of the six-month period
immediately preceding the filing of this action. The statement covers only
the time from April until July. Plaintiff must provide an additional
statement for August through October.

Complaint, Petition or Application:
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)

is not submitted
is not on proper form (must use the court’s current form)
is missing an original signature by the prisoner
is missing page nos.
uses et al. instead of listing all parties in caption
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
received by the court.
names in caption do not match names in text
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 if Plaintiff fails to cure the designated deficiency
within thirty days from the date of this Order the action will be dismissed without
further notice.
DATED: October 24, 2012, at Denver, Colorado.
BY THE COURT:
s/Boyd N. Boland
United States Magistrate Judge

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