Gordon v. Obama, et al

Filing 4

ORDER Directing Plaintiff To Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 12/17/12. (nmmsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 12-cv-03265-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.)
LARRY GORDON,
Plaintiff,
v.
TOM CLEMENT, Executive Director (CDOC),
VANCE EVERETT, Warden, Kit Carson Correctional Center,
COLLEEN BLAKE,
JANE DOE, Law Librarian #1,
DAVIS, Case Manager,
TRESSIE DELGADO, CM,
JANE DOE #3, Sgt. Echo Bravo Pod, and
MILLER, Officer,
Defendants.

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES

Plaintiff, Larry Gordon, is a prisoner in the custody of the Colorado Department of
Corrections who currently is incarcerated at the correctional facility in Limon, Colorado.
Plaintiff, acting pro se, initiated this action by filing a Prisoner Complaint (ECF No. 1)
and a Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. §
1915 (ECF No. 3).
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)
is not submitted
is missing affidavit
(2)
(3)
X
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
(4)
(5)
is missing required financial information
is missing an original signature by the prisoner
(6)
(7)
X
is not on proper form (must use the court’s current form with Authorization
and Certificate of Prison Official revised 10/01/12)
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: § 1915 motion and affidavit and certified trust fund statement only
necessary if $350.00 filing fee is not paid in advance.
Complaint, Petition or Application:
(11)
is not submitted
(12)
is not on proper form (must use the court’s current form)
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
(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.
names in caption do not match names in text
(18)
(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 form used in

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filing a Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C.
§ 1915 (with the assistance of his case manager or the facility’s legal assistant), along
with the applicable instructions, at www.cod.uscourts.gov. 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: December 17, 2012, at Denver, Colorado.
BY THE COURT:
s/Boyd N. Boland
United States Magistrate Judge

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