Johnson v. G.E.O. Group Inc., et al

Filing 5

ORDER Directing Plaintiff to Cure Deficiency, by Magistrate Judge Boyd N. Boland on 3/11/2013. (skl)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 13-cv-00591-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.)
JESSE JOHNSON,
Plaintiff,
v.
TIMOTHY LYDEN,
JOE D. DRIVER, and
TAMI ANDING,
Defendants.

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCY

Plaintiff, Jesse Johnson, is a prisoner who currently is incarcerated at the
correctional center in Hudson, Colorado. Plaintiff, acting pro se, initiated this action in
the United States District Court for the District of Alaska (District of Alaska) by filing a
Prisoner Complaint (ECF No. 3) and a Prisoner’s Declaration and Application to
Proceed In Forma Pauperis (ECF No. 1, ex. 12). The District of Alaska granted him
leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915 (ECF No. 1, ex. 19).
On January 31, 2013, the District of Alaska entered an order (ECF No. 1, ex. 20)
directing Mr. Johnson to file an amended complaint in order to state a cognizable case
against appropriate defendants in federal court. On March 7, 2013, Plaintiff filed a
motion (ECF No. 1, ex. 21) to transfer this case to this Court. Also on March 7, the
District of Alaska entered an order (ECF No. 1) granting the motion, and transferring the

case to this Court.
As part of this Court’s review pursuant to D.C.COLO.LCivR 8.2, the Court has
determined that the submitted Prisoner Complaint is 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)
is not submitted
(2)
is missing affidavit
(3)
is missing certified copy of prisoner's trust fund statement for the 6-month
period immediately preceding this filing
is missing certificate showing current balance in prison account
(4)
(5)
is missing required financial information
(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)
names in caption do not match names in caption of complaint, petition or
(8)
habeas application
(9)
An original and a copy have not been received by the Court.
Only an original has been received.
other:
(10)
Complaint, Petition or Application:
(11)
is not submitted
is not on proper form (must use the Court’s current form)
(12)
(13)
is missing an original signature by the prisoner
(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.
(17)
Sufficient copies to serve each defendant/respondent have not been
received by the Court.
(18)
names in caption do not match names in text
other: Plaintiff has failed to submit an amended complaint that complies
(19)
X
with the Order to Amend Complaint (ECF No. 1, ex. 20) entered by the
District of Alaska.
Accordingly, it is
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ORDERED that Plaintiff cure the deficiency 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 form for filing
a Prisoner Complaint (with the assistance of his case manager or the facility’s legal
assistant), along with the applicable instructions, at www.cod.uscourts.gov, and use that
form in curing the designated deficiency by filing an amended Prisoner Complaint as
directed. It is
FURTHER ORDERED that, if Plaintiff fails to cure the designated deficiency
within thirty days from the date of this order, the action will be dismissed without
further notice.
DATED: March 11, 2013, at Denver, Colorado.
BY THE COURT:
s/Boyd N. Boland
United States Magistrate Judge

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