Williams v. Martinez, et al

Filing 13

SECOND AMENDED ORDER Directing Plaintiff to Cure Deficiencies, and that the Clerk of the Court shall mail a copy of this Order to the Plaintiff at the following address: Davon Williams, DOC # 158556, Colorado Territorial Correctional Facility, P.O. Box 1010, Canon City, Colorado, 81215-1010, by Magistrate Judge Boyd N. Boland on 04/14/14. (nmarb, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-00213-BNB
DAVON Q. WILLIAMS,
Plaintiff,
v.
ALEX J. MARTINEZ, Manager of Public Safety, City and County of Denver, in his
official and individual capacities,
GARY WILSON, Director, Denver Sheriff’s Department, in his official and individual l
capacities,
DENVER SHERIFF’S DEPARTMENT, DEPUTIES AND SERGEANTS, in their official
and individual capacities,
DENVER POLICE OFFICERS AND DETECTIVES 1-5, City and County of Denver, in
their official and individual capacities, and
ANTHONY I. TAYLOR,
Defendants.

SECOND AMENDED ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES

Plaintiff, Davon Q. Williams, was detained in the Denver Detention Center at the
time he initiated this action on January 24, 2014. On January 28, 2014, Magistrate
Judge Boyd N. Boland issued an order to Mr. Williams directing him to cure certain
deficiencies in this action. On February 5, 2014, Plaintiff filed a Prisoner’s Motion and
Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915. On February 13, 2014, he
filed a Prisoner Complaint on the court-approved form asserting deprivations of his
constitutional rights pursuant to 28 U.S.C. §1343 and 42 U.S.C. § 1983.
On March 4, 2014, Mr. Williams filed a change of address with the Court. (ECF
No. 10). The Court mistakenly determined that Mr. Williams had been released from
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custody and issued an Amended Order Directing Plaintiff to Cure Deficiencies that
directed Mr. Williams to file a non-prisoner § 1915 Motion and Affidavit. (ECF No. 11).
The Amended Order was returned to the Court on March 11, 2014 for an incorrect
address. The Court has learned that there is a Davon Williams incarcerated at the
Colorado Territorial Correctional Facility. If him and Plaintiff are one and the same, then
Plaintiff was correct in filing a Prisoner’s Motion and Affidavit for Leave to Proceed
Pursuant to 28 U.S.C. § 1915. Nonetheless, the § 1915 Motion is deficient because Mr.
Williams failed to include the following documents: a signed authorization for
disbursement of funds from Plaintiff’s inmate account and a certified copy of Plaintiff’s
inmate trust fund account statement showing monthly deposits and balances for the six
months preceding his filing. 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. It is
FURTHER ORDER that the clerk of the court shall mail a copy of this Order to

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Plaintiff at the following address: Davon Williams, DOC # 158556, Colorado Territorial
Correctional Facility, P.O. Box 1010, Canon City, Colorado, 81215-1010. Plaintiff’s new
address shall be noted in CM/ECF.
DATED April 14, 2014, at Denver, Colorado.
BY THE COURT:

s/ Boyd N. Boland
United States Magistrate Judge

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