Barnes v. Morrissey et al

Filing 5

ORDER by Magistrate Judge Boyd N. Boland on 01/23/13 Directing Plaintiff to Cure Deficiency. FURTHER ORDERED that the Clerk of the Court shall serve a copy of this Order on Mr. Barnes at the following addresses: #328028, Denver County Jail, P.O. Box 1108, Denver, CO 80201-1108 and to: 5072 Upton Court, Denver, CO 80239. (nmmsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-00109-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 BARNES,
Plaintiff,
v.
MITCHELL R. MORRISSEY, in his individual capacity, District Attorney, City and Count
of Denver,
GARY WILSON, in his individual capacity, Director, Denver Sheriff Department, and
DENVER SHERIFF DEPARTMENT,
Defendants.

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCY

Plaintiff has submitted a Prisoner Complaint and a Prisoner’s Motion and Affidavit
for Leave to Proceed In Forma Pauperis Pursuant to 28 U.S.C. § 1915. However,
Plaintiff has filed a change of address with the Court (ECF No. 4) indicating that he has
been released from jail. If Plaintiff is no longer a prisoner, he must submit his § 1915
motion on the court-approved form for non-prisoners. As part of the court’s review
pursuant to D.C.COLO.LCivR 8.1, 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 the Plaintiff files in
response to this order must include the civil action number on this order.
Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915:
(1)
is not submitted

(2)
(3)
(4)
(5)
(6)
(7)
(8)

xx

is not on proper form (must use form for non-prisoners)
is missing original signature by Plaintiff
is missing affidavit
affidavit is incomplete
affidavit is not notarized or is not properly notarized
names in caption do not match names in caption of complaint, petition or
application
other

Complaint or Petition:
(9)
is not submitted
is not on proper form (must use the court’s current form)
(10)
(11)
is missing an original signature by the Plaintiff
(12)
is incomplete
(13)
uses et al. instead of listing all parties in caption
(14)
names in caption do not match names in text
(15) __
addresses must be provided for all defendants/respondents in “Section A.
Parties” of complaint, petition or habeas application
other:
(16)
Accordingly, it is
ORDERED that the Plaintiff cure the deficiency designated above within thirty
(30) days from the date of this order. Any papers which the Plaintiff files in response
to this order must include the civil action number on this order. It is
FURTHER ORDERED that the Plaintiff shall obtain the court-approved nonprisoner Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915, along
with the applicable instructions, at www.cod.uscourts.gov. It is
FURTHER ORDERED that, if the Plaintiff fails to cure the designated deficiencies
within thirty (30) days from the date of this order, the complaint and the action will
be dismissed without further notice. The dismissal shall be without prejudice. It is
FURTHER ORDERED that the Clerk of the Court shall serve a copy of this Order
on Mr. Barnes at the following addresses:
#328028

5072 Upton Court
2

Denver County Jail
P.O. Box 1108
Denver, CO 80201-1108

Denver, CO 80239

DATED January 23, 2013, at Denver, Colorado.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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