Wolf v. Suthers et al

Filing 4

ORDER Directing Plaintiff to Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 2/04/2013. (skl)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 13-cv-00234-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.)
WOLF, also known as
WESLEY R. “WOLF” BROWN, also known as
WESLEY R. BROWN, also known as
WESLEY BROWN,
Plaintiff,
v.
JOHN W. SUTHERS, CO. Attorney General, and
DIANE MARIE DASH, Sr. Assist. A.G.,
Defendants.

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES

Plaintiff has submitted a Complaint (ECF No. 1) and a Motion and Affidavit for
Leave to Proceed Pursuant to 28 U.S.C. § 1915 (ECF No. 3). The caption of this order
has been corrected to include Plaintiff’s aliases. 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)
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)

X
X

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: § 1915 motion and affidavit only is necessary if $350.00 filing fee is
not paid in advance.

Complaint or Petition:
is not submitted
(9)
(10)
X
is not on proper form (must use all pages of the court’s current form)
(11)
is missing an original signature by the plaintiff/petitioner/applicant
is incomplete
(12)
(13)
uses et al. instead of listing all parties in caption
(14)
names in caption do not match names in text
(15)
X
complete 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 deficiencies 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 the clerk of the court correct the court’s docketing
records to include Plaintiff’s aliases. It is
FURTHER ORDERED that Plaintiff shall obtain the court-approved forms for
filing a Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 and
Complaint, 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 (30) days from the date of this order, the Complaint and the action will

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be dismissed without further notice. The dismissal shall be without prejudice.
DATED February 4, 2013, at Denver, Colorado.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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