Garza v. Western Stone of Lyons, LLC et al.
Filing
6
ORDER Directing Plaintiff to Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 7/15/14. (morti, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-01953-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.)
ELOY GARZA,
Plaintiff,
v.
WESTERN STONE OF LYONS, LLC, and
PAUL W. FRYSIG,
Defendants.
ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES
Plaintiff, Eloy Garza, currently resides in Lyons, Colorado. Mr. Garza has
submitted, through counsel, a Complaint (ECF No. 1) and a 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(a), the Court has
determined that the submitted documents are deficient as described in this Order. Mr.
Garza will be directed to cure the following in order to pursue any claims in this action.
Any papers that Plaintiff files in response to this Order must include the civil action
number on this Order.
Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915:
(1)
is not submitted
(2)
is not on proper form (must use the Court’s current form)
is missing original signature by Plaintiff
(3)
(4)
is missing affidavit
(5)
affidavit is incomplete
(6)
affidavit is not notarized or is not properly notarized
names in caption do not match names in caption of complaint, petition or
(7)
application
(8)
X
other: § 1915 Motion and Affidavit are not filed on the current court-
approved form. Plaintiff must resubmit a completed “Application to
Proceed in District Court without Prepaying Fees or Costs” (AO 239;
Rev. 12/13).
Complaint or Petition:
(9)
is not submitted
is not on proper form (must use the Court’s current form)
(10)
(11)
is missing an original signature by Plaintiff
(12)
is incomplete
(13)
uses et al. instead of listing all parties in caption
(14)
names in caption do not match names in text
(15)
addresses must be provided for all defendants/respondents in “Section A.
Parties” of complaint, petition or habeas application
other:
(16)
Accordingly, it is
ORDERED that Plaintiff cure the deficiencies designated above within thirty
days from the date of this Order. Any papers that Mr. Garza files in response to this
Order must include the civil action number on this Order. It is
FURTHER ORDERED that Mr. Garza shall obtain the Court-approved form used
in filing an Application to Proceed in District Court without Prepaying Fees or Costs”
(AO 239; Rev. 12/13), at www.cod.uscourts.gov. Plaintiff may also obtain copies of the
court-approved form at the United States District Court Clerk’s Office, located at 901
19th Street, Denver, Colorado. It is
FURTHER ORDERED that if Mr. Garza fails to cure the designated deficiencies
within thirty days from the date of this Order the action may be dismissed without
further notice.
DATED July 15, 2014, at Denver, Colorado.
BY THE COURT:
s/Boyd N. Boland
United States Magistrate Judge
2
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