Sigler v. Cooper, Tanis and Cohen, PC., et al

Filing 8

Second ORDER Directing Plaintiff to Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 7/15/2014. (slibi, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 14-cv-01841-BNB
CURT ALLEN SIGLER,
Plaintiff,
v.
COOPER, TANIS & COHEN, P.C.,
PATRICIAL SIGLER,
JASON GARDNER,
H. PATRICK FURMAN,
CITY & COUNTY OF BROOMFIELD,
THOMAS ENSOR,
PATRICK MURPHY, and
DALE HAMMELL,
Defendants.

SECOND ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES

Plaintiff initiated this action by filing pro se a “Motion to Join and Amend” (ECF
No. 1) and a document titled “Emergency Ex-Parte Order” (ECF No. 3). On July 3,
2014, the court entered an order directing Plaintiff to cure certain deficiencies if he
wishes to pursue his claims in this action. In particular, the court directed Plaintiff to file
a complaint and either to pay administrative and filing fees totaling $400.00 or to file a
motion seeking leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. On
July 14, 2014, the copy of the court’s July 3 order to cure deficiencies that was mailed to
Plaintiff was returned to the court undelivered. (See ECF No. 7.)
On July 10, 2014, Plaintiff submitted to the court for filing in this action a
Complaint (ECF No. 5) and a Motion and Affidavit for Leave to Proceed Pursuant to 28

U.S.C. § 1915 (ECF No. 6) using nonprisoner forms. However, the envelope in which
those filings were mailed to the court indicates that Plaintiff is an inmate at the
Broomfield Detention Center in Broomfield, Colorado. (See ECF No. 5-1.)
Because Plaintiff is an inmate at the Broomfield Detention Center, he must use
court-approved prisoner forms if he wishes to pursue his claims in this action.
Therefore, Plaintiff must file on the proper forms a Prisoner Complaint and a Prisoner’s
Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915. In addition,
Plaintiff must submit in support of the 28 U.S.C. § 1915 motion a certified copy of his
inmate trust fund account statement and an authorization to calculate and disburse filing
fee payments. Accordingly, it is
ORDERED that Plaintiff cure the deficiencies as specified in this order within
thirty (30) days from the date of this order. It is
FURTHER ORDERED that Plaintiff shall obtain the proper, court-approved
Prisoner Complaint and Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant
to 28 U.S.C. § 1915 forms (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 deficiencies within the time
allowed, the action will be dismissed without further notice. The dismissal shall be
without prejudice. It is
FURTHER ORDERED that the clerk of the court update Plaintiff’s address to
indicate he is an inmate at the Broomfield Detention Center as shown by the return
address listed on the envelope docketed as document number 5-1 in this action.

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DATED July 15, 2014, at Denver, Colorado.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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