Pham v. Wal-Mart Associates, Inc. et al

Filing 5

ORDER Directing Plaintiff to Cure Deficiency. ORDER denying as premature 4 Motion to Supply Evidence and Additional Claims, by Magistrate Judge Boyd N. Boland on 2/22/2013.(skl)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-00435-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.)
MINH PHAM,
Plaintiff,
v.
WAL-MART ASSOCIATES, INC., Registered Agent, the Corporation Company,
PEDRO DEJESUS, Registered Agent,
TAMPICO BEVERAGES, INC.,
GEORGE E. STRICKLER, JR., Registered Agent, and
HOUCHENS INDUSTRIES, INC.,
Defendants.

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCY

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). 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)
is not on proper form (must use the court’s current form)
is missing original signature by Plaintiff
(3)
(4)
is missing affidavit
affidavit is incomplete
(5)
(6)
affidavit is not notarized or is not properly notarized
(7)
names in caption do not match names in caption of complaint, petition or

(8)

application
other:

Complaint or Petition:
is not submitted
(9)
(10)
X
is not on proper form (must use the court’s current form)
is missing an original signature by the Plaintiff
(11)
(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
(16)
X
other: Plaintiff should assert all the claims he intends to raise in the
amended complaint
Accordingly, it is
ORDERED that the Plaintiff cure the deficiencies 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 Complaint
form, along with the applicable instructions, at www.cod.uscourts.gov, and use the form
in filing the amended Complaint. 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 motion titled “Motion to Supply Evidence and

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Additional Claims” (ECF No. 4) filed on February 20, 2013, is denied as premature.
DATED February 22, 2013, at Denver, Colorado.
BY THE COURT:
s/Boyd N. Boland
United States Magistrate Judge

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