Vianez v. USA

Filing 3

ORDER Directing Plaintiff to Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 5/20/14. (morti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 14-cv-01363-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.)

JUAN VIANEZ,
Plaintiff,
v.
UNITED STATES OF AMERICA,
Defendant.

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES

Plaintiff, Juan Vianez, initiated this action by filing a pleading titled, ”Criminal
Complaint.” Like the four previous cases Plaintiff has filed in this Court since January
2013, the claims are prolix, vague, and unintelligible pleadings. See Vianez v.
Berkebile, No. 13-cv-00028-LTB (D. Colo. Feb. 22, 2013); Vianez v. Berkebile, No. 12cv-02038-LTB (D. Colo. Sept. 12, 2013); Vianez v. District Court for Denver, Colo., No.
13-cv-02662-LTB (D. Colo. Nov. 13, 2013); Vianez v. State of Colo., et al., No. 14-cv00164-LTB (D. Colo. Feb. 28, 2014). Plaintiff also, subsequent to filing this action, filed
another action that like this action, and all other actions filed previously, is prolix, vague,
and unintelligible.
In each of the previous actions filed by Plaintiff, the Court has directed Plaintiff to
cure deficiencies by filing his claims on a Court-approved form and by either submitting

a request to proceed pursuant to 28 U.S.C. § 1915 or in the alternative paying the $400
filing fee. Plaintiff did not comply with any of the Court’s orders to cure deficiencies in
these cases. Rather than cure the deficiencies, Plaintiff submitted filings that are
nonsense and unresponsive to the cure orders. Each case was dismissed for failure to
comply with the Court’s orders.
It is now clear to the Court that Plaintiff either is incapable of complying with a
Court order or is maliciously and purposely filing nonsensical pleadings in an attempt to
abuse the federal judiciary system. If Plaintiff fails to cure the deficiencies noted below
in this Order the Court will entertain the imposition of filing restrictions on Plaintiff.
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. 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)
(3)

X

(4)
(5)

X

(6)
(7)
(8)
(9)
(10)
(11)

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 authorization to calculate and disburse filing fee payments
the account statement showing the current balance in Applicant’s prison
account is not certified
is missing required financial information
is missing an original signature by the prisoner
is not on proper form (must use the Court’s current form)
names in caption do not match names in caption of complaint, petition or
habeas application
An original and a copy have not been received by the court.
Only an original has been received.
other:

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Complaint, Petition or Application:
(12)
is not submitted
(13)
X
is not on proper form (must use the Court’s current form)
(14)
is missing an original signature by the prisoner
(15)
is missing page nos.
(16)
uses et al. instead of listing all parties in caption
(17)
names in caption do not match names in text
(18)
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 Plaintiff shall obtain the proper Court-approved form
for filing the claims he is attempting to assert and a Prisoner’s Motion and Affidavit for
Leave to Proceed Pursuant to 28 U.S.C. § 1915 (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
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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