Rea II et al v. Ruffini et al

Filing 4

ORDER Directing Plaintiffs to Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 05/19/14. (nmarb, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 14-cv-01397-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.)
MICHAEL D. REA, II, and
ANTHONY L. JIMENEZ, SR.,
Plaintiffs,
v.
MICHELLE RUFFINI, AVCF Mailroom,
COLO. DEPT. OF CORRECTIONS,
RICK RAMISH,
WARDEN RANDY LIND, et al.,
STEVE LUCERO, “STG” Coordinator,
SECURITY MJR. HOUSTON, and
ATTORNEY GENERAL JOHN SUTHERS, et al.,
Defendants.

ORDER DIRECTING PLAINTIFFS TO CURE DEFICIENCIES

Plaintiffs are inmates at the Arkansas Valley Correctional Facility in Ordway,
Colorado. Plaintiffs have submitted to the court a Prisoner Complaint (ECF No. 1)
challenging the conditions of their confinement and a Notice of Entry of Appearance and
Potential Class Action Status (ECF No. 3). 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. Plaintiffs will be directed to cure the following if they wish to
pursue their claims. Any papers that Plaintiffs file in response to this order must include
the civil action number on this order.

28 U.S.C. § 1915 Motion and Affidavit:
is not submitted (each Plaintiff must submit an individual motion)
(1)
xx
(2)
is missing affidavit
is missing certified copy of each prisoner’s trust fund statement for the
(3)
xx
6-month period immediately preceding this filing
(4)
is missing certificate showing current balance in prison account
is missing required financial information
(5)
(6)
xx
is missing authorization from each Plaintiff to calculate and disburse filing
fee payments
is missing an original signature by the prisoner
(7)
(8)
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
(9)
habeas application
(10) xx
other: motions and supporting documents are necessary only if fees
totaling $400.00 are not paid in advance.
Complaint, Petition or Application:
(11)
is not submitted
(12)
is not on proper form
(13)
is missing an original signature by the prisoner
is missing page nos.
(14)
(15) xx
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 Plaintiffs cure the deficiencies designated above within thirty
(30) days from the date of this order. Any papers that Plaintiffs file in response to this
order must include the civil action number on this order. It is
FURTHER ORDERED that Plaintiffs 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 a case manager or the facility’s legal assistant),
along with the applicable instructions, at www.cod.uscourts.gov. It is
FURTHER ORDERED that any Plaintiff who fails to cure the designated
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deficiencies within thirty (30) days from the date of this order will be dismissed as a
party to this action without further notice. The dismissal shall be without prejudice.
DATED May 19, 2014, at Denver, Colorado.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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