Guinn v. Unnamed Contemplated Defendant(s)

Filing 6

ORDER Directing Plaintiff to Cure Deficiencies, denied as premature 1 MOTION for Production of Documents; vacate 3 Order, by Magistrate Judge Boyd N. Boland on 5/15/2013. (skl)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-01093-BNB
BILL GUINN,
Plaintiff,
v.
UNNAMED CONTEMPLATED DEFENDANTS,
Defendants.

ORDER

On April 23, 2013, Plaintiff submitted a Motion for Production of Documents, ECF
No. 1. The Court construed the Motion as a request to initiate a civil action and directed
Plaintiff to cure certain deficiencies. Inadvertently, the Court determined that Plaintiff
was incarcerated, rather than residing in Denver, Colorado, and directed him to cure the
deficiencies as is required by an individual who is incarcerated. Accordingly, the Court
will vacate the April 25, 2013 Order, and direct him to cure deficiencies as follows
As part of the Court’s review pursuant to D.C.COLO.LCivR 8.1, 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
on this Order.
As for Plaintiff’s request, (stated in the Response filed on May 15, 2013), that the
Court grant him leave to proceed in forma pauperis based on the in forma pauperis
motion he filed in Case No. 13-cv-00693-LTB, the Court will not determine Plaintiff’s
current indigency status in this case based on an affidavit he filed in a previous case.

Furthermore, a plaintiff abuses the judicial process when he initiates an action
without factual basis for specific misconduct by the defendants and asks for discovery in
the hope of finding the necessary evidence of misconduct. See Munoz v. St. MaryCorwin Hosp., 221 F.3d 1160, 1169 (10th Cir. 2000). Plaintiff’s Motion for Production of
Documents again will be denied as premature.
Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915:
(1)
X
is not submitted
(2)
is not on proper form (must use the Court’s current form)
(3)
is missing original signature by Plaintiff
is missing affidavit
(4)
(5)
affidavit is incomplete
(6)
affidavit is not properly notarized
(7)
names in caption do not match names in caption of complaint, petition or
application
other: .
(8)
Complaint or Petition:
(9)
X
is not submitted
is not on proper form (must use the court’s current form)
(10)
(11)
is missing an original signature by the Plaintiff
(12)
is incomplete
(13)
uses et al. instead of listing all parties in caption
(14)
names in caption do not match names in text
addresses must be provided for all defendants/respondents in "Section A.
(15)
Parties" of complaint, petition or habeas application
(16)
other:
Accordingly, it is
ORDERED that the Court’s Order entered on April 25, 2013, is vacated. 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 forms used
in filing a Complaint and a 28 U.S.C. § 1915 Motion and Affidavit, 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 days from the date of this Order the action will be dismissed without
further notice. It is
FURTHER ORDERED that Plaintiff’s Motion for Production of Documents, ECF
No. 1, is denied as premature.
DATED May 15, 2013, at Denver, Colorado.
BY THE COURT:
s/Boyd N. Boland
United States Magistrate Judge