West v. United States of America

Filing 5

ORDER Directing Plaintiff To Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 07/02/14. (nmarb, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-01836-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.)
DERRICK WEST,
Plaintiff,
v.

UNITED STATES OF AMERICA, and
U.S. FEDERAL BUREAU OF PRISONS,
Defendants.

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES

Plaintiff, Derrick West, is a prisoner in the custody of the Federal Bureau of
Prisons who currently is incarcerated at the FCI in Florence, Colorado. Plaintiff, acting
pro se, initiated this action by filing a Civil Rights Complaint pursuant to 28 U.S.C.
§ 1331 and Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S.
388 (1971), a Prisoner’s Motion and Affidavit for Leave to Proceed Under 28 U.S.C.
§ 1915, and a Motion for Appointment of Counsel.

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.
28 U.S.C. § 1915 Motion and Affidavit:
(1)
is not submitted

2)
(3)
(4)
(5)
(6)
(7)
(8)

is not on a proper Court-approved form (must use the Court’s current
form)
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:

Complaint, Petition or Application:
is not submitted
(9)
(10)
X
is not on proper form (must use the Court’s current form)
is missing an original signature by the prisoner
(11)
(12)
is missing page nos.
(13)
uses et al. instead of listing all parties in caption
(14)
names in caption do not match names in text
(15)
other:
Accordingly, it is
ORDERED that Plaintiff cure the deficiency 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 (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 deficiency
within thirty days from the date of this Order the Complaint and the action will be
dismissed without further notice.
DATED: July 2, 2014, at Denver, Colorado.
BY THE COURT:
s/Boyd N. Boland
United States Magistrate Judge

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