Denison v. Colorado Department of Corrections et al
Filing
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ORDER Directing Plaintiff To Cure Deficiency, by Magistrate Judge Boyd N. Boland on 06/18/13. (nmmsl, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-01584-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.)
JEREMY NECHOL DENISON,
Plaintiff,
v.
COLORADO DEP’T OF CORRECTIONS,
CORRECTIONAL HEALTH PARTNERS, Utilization Mgmt. Comm.,
JILL LAMPELA, CSP HSA,
NEAL LOUSBERG, CSP Medical Provider,
RICHARD HODGE, CSP Medical Provider,
MARK WIENPAL, CSP Medical Provider,
KATHLEEN BOYD, CSP Medical Provider, and
ANTHONY DeCESARO, Grievance Officer, et al.,
Defendants.
ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCY
Plaintiff is in the custody of the Colorado Department of Corrections and currently
is incarcerated at the Colorado State Penitentiary in Cañon City, Colorado. On June 17,
2013, Plaintiff submitted to the Court a Prisoner’s Complaint and a Prisoner’s Motion
and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915. As part of the Court’s
review pursuant to D.C.COLO.LCivR 8.2, the Court has determined that the Complaint
is 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)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
is not submitted
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 (must use the Court’s current form used in filing
prisoner complaints revised on 10/1/12)
names in caption do not match names in caption of complaint, petition or
habeas application
other:
Complaint, Petition or Application:
(11)
is not submitted
(12)
is not on proper form
(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)
X
names in caption do not match names in “Section A. Parties” of the
complaint form
(17)
addresses must be provided for all defendants/respondents in “Section A.
Parties” of complaint, petition or habeas application
other:
(18)
Accordingly, it is
ORDERED that Plaintiff cure the deficiency 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 (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
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within thirty days from the date of this Order, the Court will proceed to review the
merits of his claims as presented in the complaint form filed on June 17, 2013.
DATED June 18, 2013, at Denver, Colorado.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge
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