Harris v. USA et al

Filing 3

ORDER Directing Plaintiff To Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 03/01/14. (nmarb, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 14-cv-00639-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.) JAMES HARRIS, Plaintiff, v. UNITED STATES, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF JUSTICE, and UNITED STATES DEPARTMENT OF DEFENSE, Defendants. ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES Plaintiff, James Harris, currently resides in Arvada, Colorado. Plaintiff initiated this action by filing pro se a pleading titled, “Petition for Declaratory Judgment of Record.” As part of the Court’s review pursuant to D.C.COLO.LCivR 8.1(a), the Court has determined that the submitted document is 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) X is not submitted (2) is not on proper form (must use the Court’s current form) is missing original signature by Plaintiff (3) (4) is missing affidavit (5) affidavit is incomplete (6) affidavit is not properly notarized names in caption do not match names in caption of complaint, petition or (7) application (8) X other: In the alternative Plaintiff may pay the $400 filing fee. Complaint or Petition: (9) is not submitted is not on proper form (must use the court’s current form) (10) X (11) is missing an original signature by the Plaintiff is incomplete (12) (13) uses et al. instead of listing all parties in caption (14) names in caption do not match names in text of Complaint addresses must be provided for all defendants/respondents in “Section A. (15) Parties” of complaint, petition or habeas application (16) other:. 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 forms used in filing a civil complaint and 28 U.S.C. § 1915 motion and affidavit and a complaint, along with the applicable instructions, at www.cod.uscourts.gov, and use the forms to cure the above noted deficiencies. 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. DATED March 1, 2014, at Denver, Colorado. BY THE COURT: s/Boyd N. Boland United States Magistrate Judge 2

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