Harvey v. State of Colorado et al
Filing
8
ORDER Directing Plaintiff to Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 12/11/2013. (skl)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-03324-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.)
CLYDE HARVEY,
Plaintiff,
v.
STATE OF COLORADO,
WELD COUNTY DISTRICT ATTORNEY, and
WELD COUNT SHERIFF,
Defendants.
ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES
Plaintiff, Clyde Harvey, currently resides in Briggsdale, Colorado. Plaintiff has
submitted a Complaint and a 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 8.1, the
Court has determined that the submitted 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 on this Order.
Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915:
(1)
is not submitted
is not on proper form (must use the Court’s current form)
(2)
(3)
X
is missing original signature by Plaintiff and is not notarized (Signature
page is not included)
(4)
is missing affidavit
affidavit is incomplete
(5)
(6)
affidavit is not properly notarized
names in caption do not match names in caption of complaint, petition or
(7)
application
(8)
X
other: form must be notarized or certified pursuant to 28 U.S.C. § 1746.
Complaint or Petition:
is not submitted
(9)
(10)
is not on proper form (must use the court’s current form)
is missing an original signature by the Plaintiff
(11)
(12)
is incomplete
(13)
uses et al. instead of listing all parties in caption
names in caption do not match names in text
(14)
(15)
X
addresses must be provided for all defendants/respondents in Parties
section of complaint form
other:
(16)
Accordingly, it is
ORDERED that Plaintiff cure the deficiencies 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 shall obtain the Court-approved form used in
filing a complaint and a 28 U.S.C. § 1915 motion and affidavit, 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 days from the date of this Order the action will be dismissed without
further notice. It is
FURTHER ORDERED that service of process is premature at this time. Any
attempt by Plaintiff to effect service will be quashed.
DATED December 11, 2013, at Denver, Colorado.
BY THE COURT:
s/Boyd N. Boland
United States Magistrate Judge
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