Martinez v. Denver Sheriff Department-Health Services

Filing 5

ORDER Directing Plaintiff To Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 12/12/13. (nmmsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 13-cv-03337-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.)
CHARLES JOHN MARTINEZ,
Plaintiff,
v.
DENVER SHERIFF DEPARTMENT, Health Services,
Defendant.

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES

Plaintiff, an inmate at the Denver County Jail, has submitted a Prisoner
Complaint Pursuant and 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 8.1, 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. 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)
is not submitted
(2)
is missing affidavit
is missing certified copy of prisoner’s trust fund statement for the 6-month
(3)
xx
period immediately preceding this filing (account statement submitted is
too old)
(4)
is missing certificate showing current balance in prison account
is missing required financial information
(5)
(6)
is missing authorization to calculate and disburse filing fee payments

(7)
(8)
(9)
(10)

xx

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: must provide certified copy of account statement showing current
balance in prison account.

Complaint, Petition or Application:
is not submitted
(11)
(12)
is not on proper form (must use the court’s current 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
(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 December 12, 2013, at Denver, Colorado.

BY THE COURT:
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s/ Boyd N. Boland
United States Magistrate Judge

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