Lornes the III v. Arapho Police Department, et al
Filing
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ORDER Directing Plaintiff To Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 03/19/13. (nmmsl, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-00714-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.)
WILLIAM LEE LORNES THE III, also known as
WILLIAM LEE LORNES, also known as
WILLIAM,
Plaintiff,
v.
GALARDO,
Defendants.
ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES
Plaintiff, William Lee Lornes the III, also known as William Lee Lornes and as
William, currently is incarcerated at the Denver County Jail. The caption of this order
has been corrected to include his aliases. Mr. Lornes submitted to the Court pro se on
March 18, 2013, in a legal envelope a number of loose documents, which the Court has
made its best efforts to organize on Mr. Lornes’ behalf. The papers have been divided
into four lawsuits, one of which is the instant action. In this action, Mr. Lornes has
submitted a Prisoner Complaint (ECF No. 1) and a Prisoner’s 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 8.2, 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
noted above in the caption of this order.
28 U.S.C. § 1915 Motion and Affidavit:
is not submitted
(1)
is missing affidavit
(2)
(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
is missing an original signature by the prisoner
(6)
(7)
X
is not on proper form (must use the court’s current form revised 10/01/12
with Authorization and Certificate of Prison Official)
(8)
names in caption do not match names in caption of complaint, petition or
habeas application
An original and a copy have not been received by the court.
(9)
Only an original has been received.
(10)
X
other: § 1915 motion and affidavit only necessary if $350.00 filing fee is
not paid in full in advance.
Complaint, Petition or Application:
(11)
is not submitted
(12)
is not on proper form
is missing an original signature by the prisoner
(13)
(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.
Sufficient copies to serve each defendant/respondent have not been
(17)
received by the court.
(18)
names in caption do not match names in text
(19)
other:
Mr. Lornes has initiated twenty lawsuits in this Court since March 15, 2012,
exclusive of the four lawsuits he just initiated. In the instant action, he submitted loose
papers to the Court, failed to identify adequately whether he wanted the papers filed in
an existing case or whether he intended to initiate a new case, and failed to indicate
which papers were to be filed in which case. Plaintiff’s failure to identify his intended
filings adequately has placed a burden on the Court to determine in what case or cases
they should be filed. This approach is unacceptable. It is Plaintiff’s responsibility to
designate where his papers should be filed, and to provide sufficient copies for filing in
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the cases he designates.
Accordingly, it is
ORDERED that the clerk of the Court add William Lee Lornes and William, the
aliases for William Lee Lornes the III, to the docketing records for this case. It is
FURTHER ORDERED that Plaintiff cure the deficiencies 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
an amended Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C.
§ 1915 (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 deficiencies. It is
FURTHER ORDERED that, if Plaintiff fails to cure the designated deficiencies
within thirty days from the date of this order, the action will be dismissed without
further notice. It is
FURTHER ORDERED that Mr. Lornes is prohibited from filing multiple loose
documents in one envelope without designating in a clear and concise manner in which
case or cases the documents should be filed. It is
FURTHER ORDERED that, if Mr. Lornes intends to initiate a new case, he must
write “new case” above the blank line provided for the docket number on the first page
of the filings intended for the new case, or on each page of each document if the pages
are loose. Whether or not each document is stapled or paper clipped, each page of
each document must be numbered in chronological order at the bottom center. It is
FURTHER ORDERED that the necessary documents to initiate a new case, such
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as a Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915
and a Prisoner Complaint, must be sent to the Court in their own mailing envelope.
Other documents unrelated to the new case may only be placed in the same envelope if
the case or cases in which the unrelated documents are to be filed are clearly
designated, with each page of each document numbered in chronological order at the
bottom center and with the docket number written at the top right of each page if the
pages are loose or on the first page if the pages are stapled or paper clipped together.
It is
FURTHER ORDERED that Mr. Lornes is prohibited from writing multiple docket
numbers on a purported cover page. If he intends to file a document in more than one
case, he must provide the Court with multiple copies of that document, with each page
of each document numbered in chronological order at the bottom center and with the
docket number written at the top right of each page if the pages are loose or on the first
page if the pages are stapled or paper clipped together. It is
FURTHER ORDERED that, in the future, the Court may opt to strike or return to
Mr. Lornes unfiled any incomplete papers that do not comply with the these directives.
DATED March 19, 2013, at Denver, Colorado.
BY THE COURT:
s/Boyd N. Boland
United States Magistrate Judge
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