Young v. Hall et al

Filing 3

ORDER Directing Plaintiff to Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 5/20/2014. (slibi, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 14-cv-01310-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.)

TIMOTHY DOYLE YOUNG,
Plaintiff,
v.
A.W. HALL, and
YVETTE FETTERHOFF,
Defendants.

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES

Plaintiff, Timothy Doyle Young, is a prisoner in the custody of the Federal Bureau
of Prisons who currently is incarcerated at ADX in Florence, Colorado. Mr. Young,
acting pro se, initiated this action by filing a Civil Complaint on May 9, 2014. As part of
the Court’s review pursuant to D.C.COLO.LCivR 8.1(b), 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 in this Court in this
action. Any papers that Plaintiff files in response to this Order must include the civil
action number noted above in the caption of this Order.
The Court acknowledges the order in Young v. United States, No. 14-cv-00073LTB (D. Colo. Apr. 22, 2014), directing Plaintiff to show cause why he should not be

subject to filing restrictions and monetary sanctions in this Court. Because the time has
not run for Plaintiff to respond to that order to show cause, the Court will refrain from
addressing filing restrictions and monetary sanctions in this action.
28 U.S.C. § 1915 Motion and Affidavit:
(1)
(2)
(3)
(4)
(5)
(6)
(7)

X
X

X
X

is not submitted (Must use Court-approved form revised 10-1-12)
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 authorization to calculate and disburse filing fee payments
is missing an original signature by the prisoner
other: the § 1915 motion and affidavit and certified copy of Plaintiff’s trust
fund account statement is not necessary if the $400.00 filing fee is paid in
full

Complaint, Petition or Application:
(8)
is not submitted
(9)
X
is not on proper form (must use the Court’s current form)
(10)
is missing an original signature by the prisoner
(11)
is missing page nos.
(12)
uses et al. instead of listing all parties in caption
(13)
names in caption do not match names in text
(14)
other:
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 the Plaintiff shall obtain the Court-approved Prisoner
Complaint form and Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28
U.S.C. § 1915 form (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 days from the date of this Order the Complaint and 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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