Dreismeier v. Clements et al

Filing 5

ORDER Directing Plaintiff To Cure Deficiency, by Magistrate Judge Boyd N. Boland on 11/15/12. (nmmsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 12-cv-02998-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.)
JOSEPH JON DREISMEIER,
Plaintiff,
v.
TOM CLEMENTS (Executive Director CDOC),
JAMES FALK (Warden SCF),
C/O CONEY (C/O II SCF),
C/O BRUNKHARDT (C/O I SCF),
C/O MCCORMICK (C/O III SCF), and
LARRY GRAHAM (Investigator for Inspector General’s Office),
Defendants.

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCY

Plaintiff, Joseph Jon Dreismeier, is a prisoner in the custody of the Colorado
Department of Corrections and currently is incarcerated at the correctional facility in
Sterling, Colorado. Plaintiff, acting pro se, initiated this action by filing 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:
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
(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 prisoner
complaints)
(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: § 1915 motion and affidavit, and certified copy of trust fund account
statement, are only necessary if Plaintiff does not pay the $350.00 filing
fee in advance.
Complaint, Petition or Application:
(11)
is not submitted
(12)
is not on proper form (must use the court’s current form)
(13)
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.
(17)
Sufficient copies to serve each defendant/respondent have not been
received by the court.
names in caption do not match names in text
(18)
X
(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
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. §
2

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
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: November 15, 2012, at Denver, Colorado.
BY THE COURT:
s/Boyd N. Boland
United States Magistrate Judge

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