Kole v. Lynch et al
Filing
4
ORDER Directing Plaintiff To Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 05/22/14. (nmarb, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-01435-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.)
BENJAMIN FRANCIS KOLE,
Plaintiff,
v.
JUDGE THOMAS L. LYNCH (in his professional capacity),
SHERIFF JUSTIN SMITH (in his professional capacity),
CAPTAIN TIMOTHY PALMER (in his professional capacity),
LIEUTENANT MICHAEL ESTER (in his professional capacity),
LIEUTENANT STACEY SHAFFER (in her professional capacity),
DEPUTY D.A. NICHOLAS CUMMINGS (in his professional capacity), and
MARY JO BERENATO (in her professional capacity),
Defendants.
ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES
Plaintiff, an inmate at the Larimer County Detention Facility in Fort Collins,
Colorado, has filed pro se a Prisoner Complaint (ECF No. 1) and a Prisoner’s Motion
and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 (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. 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)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
xx
xx
is not submitted.
is missing affidavit
is missing a certified copy of prisoner’s trust fund statement for the
6-month period immediately preceding this filing.
trust fund account statement is missing certification by authorized prison
official.
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 (must use the court’s current form)
names in caption do not match names in caption of complaint, petition or
habeas application
other:
Complaint, Petition or Application:
(11)
is not submitted
is not on proper form
(12)
(13)
is not signed by the Plaintiff
(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
addresses must be provided for all defendants/respondents in “Section A.
(17)
Parties” of complaint, petition or habeas application
(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 a copy of the court-approved
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
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
2
further notice.
DATED May 22, 2014, at Denver, Colorado.
BY THE COURT:
s/Boyd N. Boland
United States Magistrate Judge
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?