Mallett v. Law et al
Filing
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ORDER Directing Plaintiff To Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 10/02/13. (nmmsl, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-02676-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.)
DAWANE ARTHUR MALLETT,
Plaintiff,
v.
DAVID OWEN LAW, Correctional Officer,
A. BALSICK, Correctional Officer,
NO LEE, Correctional Officer,
G. SANDUSKY, Correctional Officer,
DIANNA KRIST, Special Investigative Agent,
RUSSELL KRIST, ADX Captain,
DAVID B. BERKEBILE, Complex Warden, and
FEDERAL BUREAU OF PRISONS,
Defendants.
ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES
Plaintiff, a federal prisoner in Colorado, has submitted to the court a Prisoner
Complaint (ECF No. 1) and a Notice to the Clerk of the Court (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 in this action. Any papers that Plaintiff files in
response to this order must include the civil action number on this order.
28 U.S.C. § 1915 Motion and Affidavit:
(1)
xx
is not submitted
is missing affidavit
(2)
(3)
xx
is missing certified copy of prisoner’s trust fund statement for the 6-month
(4)
(5)
(6)
(7)
(8)
(9)
(10)
xx
xx
period immediately preceding this filing
is missing certificate showing current balance in prison account
is missing required financial information
is missing authorization to calculate and disburse filing fee payments
is missing an original signature by the prisoner
is not on proper form (must use the court’s current form)
names in caption do not match names in caption of complaint, petition or
habeas application
other: motion and supporting documents are necessary only if fees
totaling $400.00 are not paid in advance.
Complaint, Petition or Application:
(11)
is not submitted
(12)
is not on proper 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)
names in caption do not match names in text
(17)
addresses must be provided for all defendants/respondents in “Section A.
Parties” of complaint, petition or habeas application
(18)
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 the court-approved Prisoner’s
Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 form (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 (30) days from the date of this order, the action will be dismissed
without further notice. The dismissal shall be without prejudice.
DATED October 2, 2013, at Denver, Colorado.
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BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge
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