Harmon v. Parnell

Filing 5

ORDER Directing Plaintiff to Cure Deficiency, by Magistrate Judge Boyd N. Boland on 11/09/12. (nmmsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 12-cv-02922-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.)
JAMES HARMON,
Plaintiff,
v.
GOV. SEAN PARNELL,
Defendant.

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCY

Plaintiff, James Harmon, is a prisoner who currently is incarcerated at the
Hudson Correctional Center in Hudson, Colorado. Plaintiff, acting pro se, initiated this
action by filing a Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28
U.S.C. § 1915, a Prisoner Complaint, and a letter.
As part of the court’s review pursuant to D.C.COLO.LCivR 8.2, the court has
determined that the submitted document is 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)
is not submitted
is missing affidavit
(2)
(3)
X
is missing certified copy of prisoner's trust fund statement for the 6-month

(4)
(5)
(6)
(7)
(8)
(9)
(10)

X

period immediately preceding this filing (certified account statement
submitted is too old and not certified)
is missing certificate showing current balance in prison account
is missing required financial information
is missing an original signature by the prisoner
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: Motion is only necessary if $350.00 filing fee is not paid in advance.

Complaint, Petition or Application:
is not submitted
(11)
(12)
is not on proper form (must use the court’s current form)
(13)
is missing an original signature by the prisoner
(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: Name in caption does not match names in § 1915 motion and
(19)
X
affidavit.
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 Plaintiff shall obtain the court-approved forms for
filing a Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. §
1915 and Prisoner Complaint (with the assistance of his case manager or the facility’s
legal assistant), along with the applicable instructions, at www.cod.uscourts.gov, and
use those forms in curing the designated deficiencies. It is
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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: November 9, 2012, at Denver, Colorado.
BY THE COURT:
s/Boyd N. Boland
United States Magistrate Judge

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