Guinn v. Unnamed Contemplated Defendant(s)
Filing
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ORDER Directing Plaintiff to Cure Deficiencies. ORDER denying as premature 1 Motion for Production of Documents, by Magistrate Judge Boyd N. Boland on 4/25/2013.(skl)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-01093-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.)
BILL GUINN,
Plaintiff,
v.
UNNAMED CONTEMPLATED DEFENDANTS,
Defendants.
ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES
On April 23, 2013, Plaintiff submitted a Motion for Production of Documents,
ECF No. 1. In the Motion, Plaintiff asks the Court to direct the Jefferson County Sheriffs
Department to provide copies of telephone calls that he made or received at the jail, and
legal visits that he received, for use in presenting his contemplated civil litigation.
Plaintiff’s Motion for Production of Documents is premature. The Court, however,
construes the Motion in part as a request to initiate a civil action. See ECF No. 1 at 3.
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 any claims in this Court in this
action. 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)
(2)
(3)
X
X
(4)
(5)
(6)
(7)
(8)
(9)
X
(10)
X
is not submitted (Must use Court-approved form revised October 1, 2012)
is missing affidavit
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
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
names in caption do not match names in caption of complaint, petition or
habeas application
other: Plaintiff in the alternative may pay the $350 filing fee
in full
Complaint, Petition or Application:
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
X
is not submitted
is not on proper form
is missing an original signature by the prisoner
is missing page nos.
uses et al. instead of listing all parties in caption
names in caption do not match names in text
addresses must be provided for all defendants/respondents in “Section A.
Parties” of complaint, petition or habeas application
other:
Accordingly, it is
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 Prisoner
Complaint form and Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28
U.S.C. § 1915 form (revised 10/1/12) (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 deficiencies
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within thirty days from the date of this Order, the action will be dismissed without
further notice. It is
FURTHER ORDERED that to the extent Plaintiff requests the production of
documents, ECF No. 1, the request is denied as premature.
DATED April 25, 2013, at Denver, Colorado.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge
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