Turner v. Falk et al

Filing 5

ORDER Directing Plaintiff To Cure Deficiency, by Magistrate Judge Boyd N. Boland on 10/30/13. (nmmsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-02957-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.)
GARY WAYNE TURNER,
Plaintiff,
v.
FRANCES FALK, Warden,
ROBERT BUTCHER, Major,
MS. SHARP, Teacher,
MS. DUMMIT, Teacher I,
JACKSON, Lieutenant, and
STEVEN GOSSETT, CM,
Defendants.

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCY

Plaintiff, Gary Wayne Turner, initiated this action on October 28, 2013, by
submitting a Prisoner Complaint asserting deprivations of his constitutional rights
pursuant to 28 U.S.C. § 1343 and 42 U.S.C. § 1983, along with a Prisoner’s 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 8.2, 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 any claims in this Court 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)
(2)
(3)

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

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

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 elect to pay the $400 filing fee in full
rather than submit the § 1915 motion.

Complaint, Petition or Application:
is not submitted
(11)
(12)
is not on proper 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)
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
other:
(18)
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, 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 30, 2013, at Denver, Colorado.
BY THE COURT:
s/Boyd N. Boland
United States Magistrate Judge

2