Handy v. Vigil et al

Filing 4

ORDER Directing Plaintiff to Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 8/06/2013. (skl)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-01963-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.)
WYATT T. HANDY JR.,
Plaintiff,
v.
DEP. VIGIL, et al.,
Defendants.

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES

Plaintiff Wyatt T. Handy Jr. has filed a Prisoner 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 and 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:
is not submitted
(1)
(2)
is missing affidavit
(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
is missing required financial information
(5)
(6)
is missing an original signature by the prisoner
is not on proper form (must use the court’s current form for filing prisoner
(7)
complaints)
(8)
names in caption do not match names in caption of complaint, petition or
habeas application
(9)
An original and a copy have not been received by the court.

(10)

X

Only an original has been received.
other: Plaintiff has submitted a § 1915 motion and affidavit that is used by
nonprisoners. Although the address on the § 1915 motion is a street
address, the address given in the Complaint is for the Arapahoe County
Detention Center. Also, the Colorado Department of Corrections website,
http://www.doc.state.co.us/oss/, indicates that Plaintiff is currently
assigned to “Jail Backlog” and is not due for a parole hearing date until
April 2014. Plaintiff must confirm his current status and provide sufficient
documentation that he is not detained in a jail or incarcerated.

Complaint, Petition or Application:
(11)
is not submitted
(12)
is not on proper form (must use the court’s current form)
is missing an original signature by the prisoner
(13)
(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)
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.
FURTHER ORDERED that if Plaintiff fails to cure the designated deficiency
within thirty days from the date of this Order the action will be dismissed without
further notice.
DATED: August 6, 2013, at Denver, Colorado.
BY THE COURT:
s/Boyd N. Boland
United States Magistrate Judge

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