Hickey v. Donahoe
Filing
3
ORDER Directing Plaintiff to Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 4/24/2013. (skl)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-01054-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.)
LYNDA S. HICKEY,
Plaintiff,
v.
PATRICK R. DONAHOE, Postmaster General,
Defendant.
ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES
Plaintiff has submitted a Petition to Commence Civil Action that is signed by
James Dean Hickey, who describes himself as Plaintiff’s representative and counsel pro
se. As part of the court’s review pursuant to D.C.COLO.LCivR 8.1, the court has
determined that the document is deficient as described in this order. First, because
there is no indication that Mr. Hickey is a licensed attorney, he may not represent
Plaintiff in this action. See 28 U.S.C. § 1654.
Plaintiff will be directed to cure the following if she wishes to pursue her 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)
xx
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)
xx
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: motion is necessary only if $350.00 filing fee is not paid.
Complaint or Petition:
(9)
xx
is not submitted
(10)
is not on proper form (must use the court’s current form)
(11)
is missing an original signature by plaintiff
(12)
is incomplete
uses et al. instead of listing all parties in caption
(13)
(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)
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 Plaintiff shall obtain the court-approved Motion and
Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 and Complaint forms, 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 action will be dismissed
without further notice. The dismissal shall be without prejudice.
DATED April 24, 2013, at Denver, Colorado.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge
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