Lee v. No Named Defendant

Filing 3

ORDER Directing Plaintiff To Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 12/31/13. (nmmsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-03514-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.)
BRANDON CHE LEE,
Plaintiff,
v.
[NO NAMED DEFENDANT],
Defendant.

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES

Plaintiff, Brandon Che Lee, is in the custody of the Federal Bureau of Prisons at
the Federal Correctional Institution (FCI) in Florence, Colorado. He initiated this action
on December 30, 2013, by submitting pro se a Letter document in which he complains
about the conditions of his confinement. As part of the court’s review pursuant to
D.C.COLO.LCivR 8.1(b), the court has determined that the submitted document is
deficient as described in this order. Mr. Lee will be directed to cure the following if he
wishes to pursue his claims. Any papers that Mr. Lee 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)
(4)
(5)

X
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

(6)

is missing an original signature by the prisoner

(7)
(8)

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: Mr. Lee may pay the $400.00 filing fee in lieu of filing a § 1915
Motion and Affidavit.

(9)

X

Complaint, Petition or Application:
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)

X

__

is not submitted
is not on proper form (must use the court’s current 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 Mr. Lee cure the deficiencies designated above within thirty
(30) days from the date of this order. Any papers which Mr. Lee files in response to
this order must include the civil action number on this order. It is
FURTHER ORDERED that Mr. Lee, with the assistance of his case manager or
the facility’s legal assistant, shall obtain the Court-approved forms for filing a Prisoner
Complaint form and a Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to
28 U.S.C. § 1915, along with the applicable instructions, at www.cod.uscourts.gov. It is
FURTHER ORDERED that, if Mr. Lee fails to cure the designated deficiencies
within thirty (30) days from the date of this order, this action will be dismissed
without further notice. The dismissal shall be without prejudice.

2

DATED: December 31, 2013, at Denver, Colorado.
BY THE COURT:

s/ Boyd N. Boland
United States Magistrate Judge

3