Houston v. No Named Defendant

Filing 3

ORDER Directing Plaintiff To Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 04/10/14. (nmarb, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 14-cv-01027-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.)
KYLE LEE HOUSTON,
Plaintiff,
v.
[NO DEFENDANTS NAMED],
Defendants.

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES

Plaintiff, an inmate at the Denver Reception and Diagnostic Center in Denver,
Colorado, has submitted to the court a confusing letter in which he appears to complain
that his rights have been violated. Although not entirely clear, Plaintiff may intend to
seek some sort of relief in this court. Therefore, 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 letter 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 letter, 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
is missing certified copy of prisoner’s trust fund statement for the 6-month
(3)
xx
period immediately preceding this filing
(4)
is missing certificate showing current balance in prison account
is missing required financial information
(5)
(6)
xx
is missing authorization to calculate and disburse filing fee payments
(7)
is missing an original signature by the prisoner
(8)
is not on proper form (must use the court’s current form)
(9)
names in caption do not match names in caption of complaint, petition or
habeas application
(10) xx
other: motion and supporting documents are necessary only if fees
totaling $400.00 are not paid in advance.
Complaint, Petition or Application:
(11) xx
is not submitted
(12)
is not on proper form
(13)
is missing an original signature by the prisoner
(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
(18)
other:
.
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
within thirty (30) days from the date of this order, the action will be dismissed
2

without further notice. The dismissal shall be without prejudice.
DATED April 10, 2014, at Denver, Colorado.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

3