Red Bear v. No Named Defendant

Filing 3

ORDER Directing Plaintiff to Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 7/09/2014. (slibi, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 14-cv-01209-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.)
RONALD RED BEAR,
Plaintiff,
v.
[NO NAMED PARTY],
Defendant.

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES

On April 28, 2014, Plaintiff submitted to the Court a Letter and a “Statement of
Parolee or Mandatory Releasee Concerning Appointment of Counsel Under the
Criminal Justice Act.” The purpose for submitting these documents to the Court is not
clear. However, to be sure that Plaintiff is provided the benefit of the doubt, the Court
construes these documents as a challenge to Plaintiff’s conditions of confinement filed
pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403
U.S. 388 (1971), and a request for appointment of counsel to assist him. 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 Court in this action. Any papers that
Plaintiff files in response to this Order must include the civil action number on this
Order.

If, however, Plaintiff does not intend to proceed with an action regarding the
conditions of his confinement at this time, he may elect to dismiss this action or clarify
the purpose of submitting the documents to this Court.
28 U.S.C. § 1915 Motion and Affidavit:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)

X
X

X

X

is not submitted
is missing affidavit
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
is missing required financial information
is missing authorization to calculate and disburse filing fee payments
is missing an original signature by the prisoner
is not on proper form
names in caption do not match names in caption of complaint, petition or
habeas application
other: Plaintiff may in the alternative pay the $400 filing fee
in full in advance

Complaint, Petition or Application:
(11)
is not submitted
(12)
X
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
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 Prisoner Complaint form and
the Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C.
§ 1915 form (revised 10/1/12) (with the assistance of their case manager or the facility’s
legal assistant), along with the applicable instructions, at www.cod.uscourts.gov. It is
2

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 July 9, 2014, at Denver, Colorado.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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