Gibson v. Colorado Court of Appeals

Filing 7

ORDER Directing Plaintiff to Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 4/21/14. (morti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 14-cv-01128-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.)
GIBSON,
Plaintiff,
v.
COLORADO COURT OF APPEALS,
Defendants.

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES

Plaintiff, a prisoner in the custody of the Colorado Department of Corrections,
has submitted to the court a Notice of Appeal (ECF No. 1), a document titled “Fed. R.
Civil P. 47(b)(4) Extension of Time Limits and Excusable Neglect” (ECF No. 2), a
Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915
(ECF No. 3), a Prisoner’s Motion and Affidavit for Leave to Proceed on Appeal Pursuant
to 28 U.S.C. § 1915 and Fed. R. App. P. 24 (ECF No. 4), and an Opening Brief (ECF
No. 5). Although not entirely clear, it appears that Plaintiff may intend to assert civil
rights claims in this court regarding his medical treatment. 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 documents are 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, 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
is missing affidavit
(2)
(3)
xx
is missing certified copy of prisoner’s trust fund statement for the 6-month
period immediately preceding this filing
is missing certificate showing current balance in prison account
(4)
(5)
is missing required financial information
is missing authorization to calculate and disburse filing fee payments
(6)
xx
(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
names in caption do not match names in text
(16)
(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
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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.
DATED April 21, 2014, at Denver, Colorado.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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