Cook v. Creany, et al

Filing 3

ORDER Directing Plaintiff to Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 7/09/2013. (skl)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-01792-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.)
DANNY COOK,
Plaintiff,
v.
[NO NAMED DEFENDANT],
Defendant.

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES

Plaintiff, Danny Cook, is in the custody of the Colorado Department of
Corrections and currently is incarcerated at the Fremont Correctional Facility in Cañon
City, Colorado. Plaintiff, acting pro se, initiated this action by submitting a $350.00
payment to the Court.
Pursuant to D.C.COLO.LCivR 8.2, 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.
Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915:
(1)
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
(8)
X
other: The filing fee if paid in full in advance is $400.00. Plaintiff is
required to pay an additional $50.00 to proceed.

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
is incomplete
(12)
(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 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 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. 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.
DATED July 9, 2013, at Denver, Colorado.
BY THE COURT:
s/Boyd N. Boland
United States Magistrate Judge

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