Maunz v. Phillips et al

Filing 3

ORDER Directing Plaintiff to Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 2/27/2014. (slibi, )

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 14-cv-00584-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.) WILLIAM A. MAUNZ, Plaintiff, v. SHARON PHILLIPS, Nurse Practioner (N.P.), CDOC CORRECTIONAL OFFICERS, San Carlos Correctional Facility, COLORADO DEPT. OF CORRECTIONS, and THE ATTORNEY GENERAL OF THE STATE OF COLORADO, et al., Defendants. ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES Plaintiff, an inmate at the San Carlos Correctional Facility in Pueblo, Colorado, has submitted to the court a “Notice (Letter) of Intent for Plaintiff’s Prisoner’s Complaint Biven’s 42 § 1983” (ECF No. 1) claiming that his constitutional rights have been violated. Because it appears that Plaintiff intends to pursue his claims in this court, this civil action has been commenced. As part of the court’s review pursuant to D.C.COLO.LCivR 8.1(b), 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 any claims in this action. If Plaintiff does not intend to pursue a civil action in this court regarding his allegations in the notice of intent, he should advise the court of that fact and the instant action will be dismissed. 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) xx is not submitted (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 (4) is missing certificate showing current balance in prison account (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) (9) names in caption do not match names in caption of complaint, petition or habeas application other: motion and supporting documents are necessary only if fees (10) xx totaling $400.00 are not paid in advance. Complaint, Petition or Application: (11) xx is not submitted (12) is not on proper form is missing an original signature by the prisoner (13) (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 (17) addresses must be provided for all defendants/respondents in “Section A. Parties” of complaint, petition or habeas application other: . (18) 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 2 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 February 27, 2014, at Denver, Colorado. BY THE COURT: s/ Boyd N. Boland United States Magistrate Judge 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?