Smith v. Social Security

Filing 4

ORDER Directing Plaintiff To Cure Deficiencies, by Magistrate Judge David L. West on 03/13/14. (nmarb, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 14-cv-00746-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.)
ANNIE RUTH SMITH,
Plaintiff,
v.
SOCIAL SECURITY,
Defendant.

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES

Plaintiff, Annie Ruth Smith, claims she is homeless, but provides an address in
Denver, Colorado. Plaintiff has submitted a Complaint and a 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(a), the Court has determined that the submitted 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.
Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915:
(1)
is not submitted
(2)
is not on proper form (must use the Court’s current form)
(3)
X
is not notarized
is missing affidavit
(4)
(5)
affidavit is incomplete
(6)
affidavit is not properly notarized
(7)
names in caption do not match names in caption of complaint, petition or
application
(8)
X
other: form must be notarized or certified pursuant to 28 U.S.C. § 1746.
Complaint or Petition:

(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)

X

is not submitted
is not on proper form (must use the court’s current form)
is missing an original signature by the Plaintiff
is incomplete
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 Parties
section of complaint form
other: All sections of the Complaint form must be completed; including
statement of jurisdiction, facts to support claim, and request for relief.
Complaint must be dated.

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 form used in
filing a complaint and a 28 U.S.C. § 1915 motion and affidavit, 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 days from the date of this Order the action will be dismissed without
further notice.
DATED March 13, 2014, at Denver, Colorado.
BY THE COURT:
s/Boyd N. Boland
United States Magistrate Judge

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