Faircloth v. Ciolek et al

Filing 3

ORDER Directing Plaintiff To Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 11/14/13. (nmmsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 13-cv-03096-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.)
JAMES FAIRCLOTH,
Plaintiff,
v.
ANNE CIOLEK, et al.,
Defendants.

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES

Plaintiff, a state prisoner in Colorado, has submitted to the court a document
titled “Emergency Prisoner Complaint and 28 USC 1915 Motion” (ECF No. 1). As part
of the court’s review pursuant to D.C.COLO.LCivR 8.2, the court has determined that
the document is 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:
is not submitted
(1)
(2)
is missing affidavit
(3)
xx
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
(4)
(5)
is missing required financial information
(6)
xx
is missing authorization to calculate and disburse filing fee payments
(7)
is missing an original signature by the prisoner
is not on proper form (must use the court’s current form)
(8)
xx
(9)
names in caption do not match names in caption of complaint, petition or

(10)

xx

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
is not on proper form
(12) xx
(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
addresses must be provided for all defendants/respondents in “Section A.
(17)
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 and Prisoner
Complaint forms (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 November 14, 2013, at Denver, Colorado.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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