Morris v. Samuels et al

Filing 4

ORDER Directing Plaintiff to Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 05/20/14. (nmarb, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-01296-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.)
KENNETH A. MORRIS,
Plaintiff,
v.
DIRECTOR CHARLES SAMUELS,
REGIONAL DIRECTOR P. LAIRD,
ADX WARDEN D. BERKEBILE,
ADX ASSOCIATE WARDEN S. JULIAN,
ADX PSYCHOLOGY H. O’NEIL,
ADX PSYCHOLOGY J. COULTER,
ADX TELE-PSYCHIATRY DR. SERASIN,
Defendants.

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES

On May 7, 2014, Plaintiff submitted a Prisoner Complaint and a Prisoner’s
Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 to the Court.
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.
28 U.S.C. § 1915 Motion and Affidavit:
(1)
(2)

is not submitted
is missing affidavit

(3)

X

(4)
(5)
(6)
(7)
(8)
(9)
(10)

prisoner’s trust fund statement is not certified by an authorized prison
official and does not cover the most immediate six months prior to Plaintiff
filing this action
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 current Court-approved form
names in caption do not match names in caption of complaint, petition or
habeas application
other:

Complaint, Petition or Application:
(11)
(12)
(13)
(14)
(15)
(16)
(17)

X

(18)

X

is not submitted
is not on proper form
is missing an original signature by the prisoner
is missing page nos.
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 “Section A.
Parties” of complaint, petition or habeas application
other: Plaintiff’s information provided in Section E. is incorrect. A review of
PACER by the Court indicates Plaintiff has filed at least one prior case
while incarcerated. Plaintiff also is required to use the form and only use
additional pages when necessary. Plaintiff has failed to present his claims
in Section D. and to state the nature of the case under Section C. of the
form.

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 Prisoner
Complaint form (with the assistance of his case manager or the facility’s legal assistant),
along with the applicable instructions, at www.cod.uscourts.gov. Use of Court-approved
forms is required to cure deficiencies. It is
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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 May 20, 2014, at Denver, Colorado.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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