Claice v. Colo Doc. CSP.

Filing 7

ORDER Directing Plaintiff to Cure Deficiency, 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-01074-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.)
JOHN A. CLAICE,
Plaintiff,
v.
CSP WARDEN SUSAN JONES,
CAPTAIN HUERTES,
LT. VANGELDER,
CO NERESON, and
MAJOR C. HOLDITCH,
Defendants.

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCY

Plaintiff, a state prisoner in Colorado, has submitted a Prisoner Complaint, a
Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915, a
Motion for Court Appointed Counsel, a Notice of Intent, and a letter to the court. As part
of the court’s review pursuant to D.C.COLO.LCivR 8.2, the court has determined that
the 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.
28 U.S.C. § 1915 Motion and Affidavit:
(1)
is not submitted
(2)
is missing affidavit
is missing certified copy of prisoner’s trust fund statement for the 6-month
(3)
period immediately preceding this filing

(4)
(5)
(6)
(7)
(8)
(9)
(10)

xx

is missing certificate showing current balance in prison account
is missing required financial information
is missing authorization to calculate and disburse filing fee payments
is missing an original signature by the prisoner
is not on proper form (must use the court’s current form)
names in caption do not match names in caption of complaint, petition or
habeas application
other:
.

Complaint, Petition or Application:
(11)
is not submitted
is not on proper 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)
names in caption do not match names in text
addresses must be provided for all defendants/respondents in “Section A.
(17)
Parties” of complaint, petition or habeas application
(18)
other:
.
Accordingly, it is
ORDERED that Plaintiff cure the deficiency 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 Prisoner’s
Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 form (with the
assistance of his case manager or the facility’s legal assistant), along with the
applicable instructions, at www.cod.uscourts.gov. It is
FURTHER ORDERED that, if Plaintiff fails to cure the designated deficiency
within thirty (30) days from the date of this order, the action will be dismissed
without further notice. The dismissal shall be without prejudice. It is
FURTHER ORDERED that the Motion for Court Appointed Counsel (ECF No. 4)
is DENIED as premature.
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DATED April 24, 2013, at Denver, Colorado.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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