Ramirez v. Raemisch et al
Filing
5
ORDER Directing Plaintiff To Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 08/21/13. (nmmsl, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-02236-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.)
JOHN A. RAMIREZ,
Plaintiff,
v.
RICK RAEMISCH,
RAE TIMME,
FREDRIC GIFFORD,
LANCE MIKLICH,
TOM JORDAN,
CAROL TRUJILLO,
RODNEY ACHEN,
CHRISTINA SMITH,
COLORADO DEPARTMENT OF CORRECTIONAL [sic], and
COLORADO TERRITORIAL CORRECTIONAL FACILITY,
Defendants.
ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES
Plaintiff, John A. Ramirez, is a prisoner in the custody of the Colorado
Department of Corrections who currently is incarcerated at the Colorado Territorial
Correctional Facility in Cañon City, Colorado. 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 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
(5)
is missing required financial information
(6)
is missing an original signature by the prisoner
(7)
X
is not on proper form (must use and complete the court’s current form
revised 10/01/12 with Authorization and Certificate of Prison Official)
(8)
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.
(9)
Only an original has been received.
other: § 1915 motion and affidavit and certified account statement
(10)
X
submitted as attachment to § 1915 motion and affidavit only are necessary
if $400.00 filing fee is not paid in full in advance.
Complaint, Petition or Application:
(11)
is not submitted
(12)
is not on proper form (must use the court’s current form)
(13)
is missing an original signature by the prisoner
is missing page nos.
(14)
(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
(30) 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 (with the assistance of his case
manager or the facility’s legal assistant) the Court-approved form for filing a Prisoner’s
Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915, along with the
applicable instructions, at www.cod.uscourts.gov, and shall use those forms in curing
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the designated deficiencies. It is
FURTHER ORDERED that, if Plaintiff fails to cure the designated deficiencies
within thirty days from the date of this order, the complaint and the action will be
dismissed without further notice.
DATED August 21, 2013, at Denver, Colorado.
BY THE COURT:
s/Boyd N. Boland
United States Magistrate Judge
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