Schneider v. Colorado Public Defenders Office et al

Filing 4

ORDER Directing Plaintiff to Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 7/23/2013. (skl)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 13-cv-01964-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.)
TROY LEE SCHNEIDER,
Plaintiff,
v.
COLORADO PUBLIC DEFENDERS OFFICE, and
NELISSA MELFIELD, Public Defender,
Defendants.

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES

Plaintiff, Troy Lee Schneider, currently is incarcerated at the Boulder County Jail.
He submitted pro se a Prisoner Complaint (ECF No. 1) and a Prisoner’s Motion and
Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 (ECF No. 3). As part of the
court’s review pursuant to D.C.COLO.LCivR 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:
(1)
is not submitted
is missing affidavit
(2)
(3)
X
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
(5)
is missing required financial information
is missing an original signature by the prisoner
(6)
(7)
X
is missing pages (must use all pages of the court’s current form revised

(8)
(9)
(10)

X

10/01/12 with Authorization and Certificate of Prison Official)
names in caption do not match names in caption of complaint, petition or
habeas application
An original and a copy have not been received by the court.
Only an original has been received.
other: fully completed § 1915 motion and affidavit and certified account
statement only are necessary if $400.00 filing fee is not paid in advance.

Complaint, Petition or Application:
is not submitted
(11)
(12)
is not on proper form (must use the court’s current 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)
An original and a copy have not been received by the court. Only an
original has been received.
(17)
Sufficient copies to serve each defendant/respondent have not been
received by the court.
names in caption do not match names in text
(18)
(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. It is
FURTHER ORDERED that Plaintiff shall obtain the Court-approved form for filing
a Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915
(with the assistance of his case manager or the facility’s legal assistant), along with the
applicable instructions, at www.cod.uscourts.gov, and use that form in curing the
designated deficiencies, if he does not pay the full filing fee in advance. 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 23, 2013, at Denver, Colorado.

2

BY THE COURT:
s/Boyd N. Boland
United States Magistrate Judge

3