Watson v. Cozza-Rhodes et al

Filing 5

ORDER Directing Plaintiff to Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 6/12/13. (bnbcd, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 13-cv-01456-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.) PIERRE TERRON-O’NEAL WATSON, Plaintiff, v. T. K. COZZA-RHODES, Warden, DAN CLARK, Lieutenant, ED VINCENT, Counselor, JOHN DOE, Secret Service Agent, JEFF GEORGE, Disciplinary Hearing Officer, OFFICER ROMINE, Correctional Officer, MIRANDA AVALOS, Lieutenant, and JOHN DOE, Correctional Officer, Defendants. ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES Plaintiff, Pierre Terron-O’Neal Watson, is a prisoner in the custody of the Federal Bureau of Prisons who currently is incarcerated at the United States Penitentiary in Pine Knot, Kentucky. He has submitted pro se two different Prisoner Complaints (ECF Nos. 1 and 3) and a Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 (ECF No. 4). The Court has used as the caption for this order the parties listed in ECF No. 1, the Prisoner Complaint submitted on the proper, Court-approved form. As part of the court’s review pursuant to D.C.COLO.LCivR 8.2, 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 noted above in the caption of this order. 28 U.S.C. § 1915 Motion and Affidavit: (1) is not submitted in full (must use the court’s current form revised 10/01/12 with Authorization and Certificate of Prison Official) is missing affidavit (2) (3) is missing certified copy of prisoner's trust fund statement for the 6-month period immediately preceding this filing (4) is missing certificate showing current balance in prison account (5) is missing required financial information (6) is missing an original signature by the prisoner (7) 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 (8) habeas application (9) An original and a copy have not been received by the court. Only an original has been received. (10) other: Complaint, Petition or Application: (11) is not submitted is not on proper form (must use the court’s current 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) An original and a copy have not been received by the court. Only an original has been received. Sufficient copies to serve each defendant/respondent have not been (17) received by the court. (18) names in caption do not match names in text (19) X other: Plaintiff has submitted two different Prisoner Complaints listing different Defendants. The Court will not consider any claims raised in separate attachments, amendments, supplements, motions, or other documents not included in the single amended Prisoner Complaint Plaintiff will be ordered to submit. 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 form for filing 2 a Prisoner Complaint (with the assistance of his case manager or the facility’s legal assistant), along with the applicable instructions, at www.cod.uscourts.gov, and shall use that form in submitting one complete amended Prisoner Complaint. It is FURTHER ORDERED that, if Plaintiff fails to cure the designated deficiencies within thirty days from the date of this order, the complaint and the action will be dismissed without further notice. DATED June 12, 2013, at Denver, Colorado. BY THE COURT: s/Boyd N. Boland United States Magistrate Judge 3

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