Guinn v. Unnamed Contemplated Defendant(s)

Filing 3

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)

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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 2 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 3

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