Pinson et al v. Madison et al
ORDER to Dismiss in Part and to Amend. ORDERED that Mr. Villatoro is dismissed from this action. FURTHER ORDERED that Mr. Pinson file one last Amended Complaint in keeping with this Order. FURTHER ORDERED that if within thirty days of the date of this Order Mr. Pinson fails to comply with this Order the Court will dismiss the action without further notice, by Judge Lewis T. Babcock on 3/18/13. (sgrim)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13cv-00157-BNB
OFFICER J. JOHNSON,
K. ESPENSEN, and
ORDER TO DISMISS IN PART
AND TO AMEND
Plaintiffs, Erwin Villatoro and Jeremy Pinson, acting pro se, initiated this action
by filing a Prisoner Complaint. Plaintiffs are in the custody of the United States Bureau
of Prisons and currently are incarcerated at ADX in Florence, Colorado. Pursuant to
the Court’s January 24, 2013 Order both Plaintiffs filed a Prisoner’s Motion and
Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915. Plaintiffs also filed an
Amended Complaint on February 11, 2013. Then on March 4, 2013, Plaintiff Villatoro
filed a Notice of Voluntary Dismissal, in which Plaintiffs ask that Plaintiff Villatoro and
his claims be dismissed.
The Court will dismiss Plaintiff Villatoro and his claims. As for the remaining
claims asserted by Mr. Pinson, the Court will instruct Mr. Pinson to amend and state
“specific fact allegations of ongoing serious physical injury, or a pattern of misconduct
evidencing the likelihood of imminent serious physical injury.” Martin v. Shelton, 319
F.3d 1048, 1050 (8th Cir. 2003) (emphasis added). Mr. Pinson is instructed that in
support of his allegations he is to state the date that each specific act took place and
the name of the specific individual that was responsible for the alleged act.
Accordingly, it is
ORDERED that Mr. Villatoro is dismissed from this action. It is
FURTHER ORDERED that Mr. Pinson file one last Amended Complaint in
keeping with this Order. Court-approved prisoner complaint forms are available (with
the assistance of a case manager or the facility’s legal assistant), along with the
applicable instructions, at www.cod.uscourts.gov for use in amending the
Complaint. It is
FURTHER ORDERED that if within thirty days of the date of this Order Mr.
Pinson fails to comply with this Order the Court will dismiss the action without further
DATED March 18, 2013, at Denver, Colorado.
BY THE COURT:
s/Lewis T. Babcock
LEWIS T. BABCOCK, Senior Judge
United States District Court
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