Fogle v. Elliott

Filing 3

ORDER Directing Claimant To Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 07/09/13. (nmmsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 13-cv-01766-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.)
RONALD JENNINGS FOGLE,
Claimant,
v.
ARCHER THOMAS ELLIOTT, JR.,
Claimee.

ORDER DIRECTING CLAIMANT TO CURE DEFICIENCIES

Claimant, a prisoner in the custody of the Colorado Department of Corrections,
has submitted a document titled “Claim for Three Million, Twenty-Three Thousand
Dollars and/or as the Amount Determine by the Board of Trustees/Committee on
Conduct” (ECF No. 1). Because it appears that Claimant may intend to seek judicial
relief in this court, this civil action has been commenced. As part of the court’s review
pursuant to D.C.COLO.LCivR 8.2, the court has determined that the document is
deficient as described in this order. Claimant will be directed to cure the following if he
wishes to pursue any claims in this action. If Claimant does not intend to pursue a civil
action in this court regarding his allegations in the document, he should advise the court
of that fact and the instant action will be dismissed. Any papers that Claimant 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)

xx
xx

(4)
(5)
(6)
(7)
(8)
(9)

xx

(10)

xx

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)
names in caption do not match names in caption of complaint, petition or
habeas application
other: motion and supporting documents are necessary only if fees
totaling $400.00 are not paid in advance.

Complaint, Petition or Application:
(11)
is not submitted
is not on proper form
(12) xx
(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)
names in caption do not match names in text
addresses must be provided for all defendants/respondents in “Section A.
(17)
Parties” of complaint, petition or habeas application
(18)
other:
.
Accordingly, it is
ORDERED that Claimant cure the deficiencies designated above within thirty
(30) days from the date of this order. Any papers that Claimant files in response to
this order must include the civil action number on this order. It is
FURTHER ORDERED that Claimant shall obtain the court-approved Prisoner’s
Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 and Prisoner
Complaint forms (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 Claimant fails to cure the designated deficiencies
within thirty (30) days from the date of this order, the action will be dismissed
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without further notice. The dismissal shall be without prejudice.
DATED July 9, 2013, at Denver, Colorado.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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