Rivera v. Littleton Housing Authority

Filing 4

ORDER Directing Plaintiff to Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 07/30/13. (nmmsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-01949-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.)
FERNANDA RIVERA,
Plaintiff,
v.
LITTLETON HOUSING AUTHORITY,
Defendant.

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES

Plaintiff, Fernanda Rivera, currently resides in Littleton, Colorado. Plaintiff has
submitted a Complaint and a 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 8.1, the Court has
determined that the submitted documents are deficient as described in this Order.
Plaintiff will be directed to cure the following if she wishes to pursue her 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)
(2)
(3)
(4)
(5)
(6)
(7)
(8)

X

is not submitted
is not on proper form (must use the Court’s current form)
is missing original signature by Plaintiff
is missing affidavit
affidavit is incomplete
affidavit is not notarized or is not properly notarized
names in caption do not match names in caption of complaint, petition or
application
other:

Complaint or Petition:
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)

X

is not submitted
is not on proper form (must use the Court’s current form)
is missing an original signature by Plaintiff
is incomplete
uses et al. instead of listing all parties in caption
names in caption do not match names in text
addresses must be provided for all defendants/respondents in “Section A.
Parties” of complaint, petition or habeas application
other:

Furthermore, the Court notes that Teresita Reyes has signed the Complaint and
§ 1915 Motion on behalf of Plaintiff. To the extent Ms. Reyes is acting as a guardian or

conservator for Plaintiff, under Fed. R. Civ. P. 17(c), she may elect to sue or defend on
behalf of an incompetent person. Ms. Reyes, however, is not able to assert such claims
pro se on Plaintiff’s behalf. See Mann v. Boatright, 477 F.3d 1140, 1149-50 (10th Cir.
2007) (a legal guardian is not able to bring suit without assistance of counsel) (citing
Meeker v. Kercher, 782 F.2d 153, 154 (10th Cir. 1986)).
“[I]t is not in the interests of minors or incompetents that they be represented by
non-attorneys. Where they have claims that require adjudication, they are entitled to
trained legal assistance so their rights may be fully protected.” Mann, 477 F.3d at 1150
(citing Cheung v. Youth Orchestra Found. of Buffalo, 906 F.2d 59, 61 (2d Cir. 1990)).
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 used in
filing a 28 U.S.C. § 1915 motion and affidavit, along with the applicable instructions, at
www.cod.uscourts.gov. It is
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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 30, 2013, at Denver, Colorado.
BY THE COURT:
s/Boyd N. Boland
United States Magistrate Judge

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