West v. Taylor, et al
Filing
4
ORDER Directing Plaintiff to Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 1/23/2013. (skl)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-00150-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.)
DONALD JOSEPH WEST,
Plaintiff,
v.
[UNNAMED DEFENDANTS],
Defendants.
ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES
Plaintiff, Donald Joseph West, currently is incarcerated at in Amarillo, Texas. He
has submitted pro se two letters with various attachments to the clerk of the Court (ECF
Nos. 1 and 3). He appears to be facing criminal charges in Texas, and fails to make
clear the reason or reasons he is attempting to initiate a lawsuit in Colorado.
Mr. West attempts to assert both civil rights claims apparently pursuant to 42
U.S.C. § 1983 challenging his medical treatment and apparently habeas corpus claims
pursuant to 28 U.S.C. § 2241 challenging the charges pending against him in Texas.
Mr. West is advised that he may not assert civil rights claims and habeas corpus claims
in the same action.
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)
X
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 (if filing a civil rights complaint)
is missing certificate showing current balance in prison account (if filing a
(4)
X
habeas corpus application)
is missing required financial information
(5)
(6)
is missing an original signature by the prisoner
(7)
is not on proper form (must use the court’s current form for filing prisoner
complaints)
(8)
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:
Complaint, Petition or Application:
(11)
X
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)
X
other: fails to provide names of and complete addresses for
defendants/respondents
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 used
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in filing whatever type of action he is trying to initiate (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: January 23, 2013, at Denver, Colorado.
BY THE COURT:
s/Boyd N. Boland
United States Magistrate Judge
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