Carrillo Franco v. CDOC Executive Director et al

Filing 3

ORDER Directing Plaintiff To Cure Deficiency, by Magistrate Judge Boyd N. Boland on 10/21/13. (nmmsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-02851-BNB
NOE CARRILLO FRANCO,
(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.)
Plaintiff,
v.
CDOC EXECUTIVE DIRECTOR, Defendant, Official and Individual Capacity,
STURGEON, Nurse Practitioner, Defendant, Official and Individual Capacity,
SHARON HAMILTON, RN, III, Official and Individual Capacity, (unfortunately, now
deceased),
CINDY NOLD, 16789, Defendant, Official and Individual Capacity,
KERRY BARONI, 16025, Defendant, Official and Individual Capacity,
GRIFFITH MARSHALL, 14298, Defendant, Official and Individual Capacity,
ANTHONY A. DECESARO, Defendant, Official and Individual Capacity, and
LT. SOLBA, Food Service Department, Official and Individual Capacity,
Defendants.

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCY

Plaintiff, Noe Carrillo Franco, is in the custody of the Colorado Department of
Corrections at the Buena Vista Correctional Facility. Plaintiff, acting pro se, initiated this
action by filing a civil rights action under 42 U.S.C. § 1983. He has paid $350.00 of the
applicable $400.00 filing fee. As part of the Court’s review pursuant to
D.C.COLO.LCivR 8.2, the Court has determined that there is a deficiency in this action
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)
(2)
(3)

X
X

(4)
(5)
(6)
(7)
(8)
(9)
(10)

X

is not submitted
is missing affidavit
is missing certified copy of prisoner’s trust fund statement for the 6-month
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
names in caption do not match names in caption of complaint, petition or
habeas application
other: Plaintiff may in the alternative pay an additional
$50.00 to complete the total $400.00 filing fee ($350.00 filing
fee plus a $50.00 administrative fee, as authorized in the
District Court’s Schedule of Fees, effective May 1, 2013).

Complaint, Petition or Application:
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)

is not submitted
is not on proper form
is missing an original signature by the prisoner
is missing page nos.
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:

Accordingly, it is
ORDERED that Plaintiff cure the deficiency 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 may obtain the Prisoner’s Motion and
Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 form (revised 10/1/12) (with
the assistance of his case manager or the facility’s legal assistant), along with the

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applicable instructions, at www.cod.uscourts.gov. It is
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 October 21, 2013, at Denver, Colorado.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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