Dewey v. Romero et al

Filing 6

ORDER Directing Plaintiff to Cure Deficiency, by Magistrate Judge Boyd N. Boland on 01/24/13. (nmmsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 13-cv-00156-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.)
MICHAEL S. DEWEY,
Plaintiff,
v.
DEANNA ROMERO, Physician’s Assistant,
KERI McKAY, Rtc Medical Care Provider, and
JOHN DOE, Unnamed Correctional Officer,
Defendants.

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCY

Plaintiff has submitted a Complaint (ECF No. 1), a Motion and Affidavit for Leave
to Proceed Pursuant to 28 U.S.C. § 1915 (ECF No. 3), a Motion to File Without
Payment of Filing Fee (ECF No. 4), and an unsigned document titled “42 U.S.C. §1983
– Civil Action for Deprivation of Rights” (ECF No. 5). 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 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)
xx
is not on proper form (must use the court’s current nonprisoner form)
is missing original signature by plaintiff/petitioner/applicant
(3)
(4)
is missing affidavit

(5)
(6)
(7)
(8)

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
(10)
is not on proper form (must use the court’s current form)
(11)
is missing an original signature by the plaintiff/petitioner/applicant
(12)
is incomplete
uses et al. instead of listing all parties in caption
(13)
(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
(16)
other
Accordingly, it is
ORDERED that Plaintiff cure the deficiency designated above within thirty (30)
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 Motion and
Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 form, along with the
applicable instructions, at www.cod.uscourts.gov. It is
FURTHER ORDERED that, if Plaintiff fails to cure the designated deficiency
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.
DATED January 24, 2013, at Denver, Colorado.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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