Larsen v. State of Colorado et al

Filing 3

ORDER Directing Plaintiff to Cure Deficiencies and to File Amended Complaint that Complies with Rule 8, by Magistrate Judge Boyd N. Boland on 7/16/2014. (slibi, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-01971-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.)
EMMETT LARSEN,
Plaintiff,
v.
STATE OF COLORADO,
CROWLEY COUNTY,
Defendants.

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES
AND TO FILE AMENDED COMPLAINT THAT COMPLIES WITH RULE 8

Plaintiff, Emmett Larsen, initiated this action on July 15, 2014, by filing an
Affidavit with the Court that is unintelligible. Because Mr. Larsen is a state prisoner and
does not appear to be asserting a challenge to the fact or duration of his conviction or
sentence, the Court has opened this case under 42 U.S.C. § 1983. As part of the
Court’s review pursuant to D.C.COLO.LCivR 8.1(b), the Court has determined that the
document is 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)

X

is not submitted
is missing affidavit

(3)
(4)
(5)
(6)
(7)
(8)
(9)

X

(10)

X

X

prisoner’s trust fund statement is not certified
is missing certificate showing current balance in prison account
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
names in caption do not match names in caption of complaint, petition or
habeas application
other: Plaintiff may pay the $400.00 filing fee in lieu of filing a
§ 1915 Motion.

Complaint, Petition or Application:
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)

X

is not submitted
is not on proper form
is missing an original signature by the prisoner
is missing page nos.
uses et al. instead of listing all parties in caption
names in caption do not match names in text
addresses must be provided for all defendants/respondents in “Section A.
Parties” of complaint, petition or habeas application
other:

Plaintiff is warned that the Prisoner Complaint he files must comply with the
pleading requirements of Fed. R. Civ. P. 8. The twin purposes of a complaint are to
give the opposing parties fair notice of the basis for the claims against them so that they
may respond and to allow the court to conclude that the allegations, if proven, show that
the plaintiff is entitled to relief. See Monument Builders of Greater Kansas City, Inc. v.
American Cemetery Ass’n of Kansas, 891 F.2d 1473, 1480 (10th Cir. 1989). The
requirements of Fed. R. Civ. P. 8 are designed to meet these purposes. See TV
Communications Network, Inc. v. ESPN, Inc., 767 F. Supp. 1062, 1069 (D. Colo. 1991),
aff’d, 964 F.2d 1022 (10th Cir. 1992). Specifically, Rule 8(a) provides that a complaint
"must contain (1) a short and plain statement of the grounds for the court’s jurisdiction,
. . . (2) a short and plain statement of the claim showing that the pleader is entitled to
2

relief; and (3) a demand for the relief sought." The philosophy of Rule 8(a) is reinforced
by Rule 8(d)(1), which provides that "[e]ach allegation must be simple, concise, and
direct." Taken together, Rules 8(a) and (d)(1) underscore the emphasis placed on
clarity and brevity by the federal pleading rules. Prolix, vague, or unintelligible pleadings
violate Rule 8.
Claims must be presented clearly and concisely in a manageable format that
allows a court and a defendant to know what claims are being asserted and to be able
to respond to those claims. New Home Appliance Ctr., Inc., v. Thompson, 250 F.2d
881, 883 (10th Cir. 1957). For the purposes of Rule 8(a), "[i]t is sufficient, and indeed all
that is permissible, if the complaint concisely states facts upon which relief can be
granted upon any legally sustainable basis." Id.
Mr. Larsen is advised that, in order to state a claim in federal court, he "must
explain what each defendant did to him or her; when the defendant did it; how the
defendant’s action harmed him or her; and, what specific legal right the plaintiff believes
the defendant violated." Nasious v. Two Unknown B.I.C.E. Agents, 492 F.3d 1158,
1163 (10th Cir. 2007). Accordingly, it is
ORDERED that Mr. Larsen cure the deficiencies designated above within thirty
(30) 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 the court-approved forms for
filing a Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 and a
Prisoner Complaint, along with the applicable instructions, at www.cod.uscourts.gov,

3

and shall use those forms in curing the designated deficiencies and in filing a Prisoner
Complaint that complies with Rule 8 of the Federal Rules of Civil Procedure. It is
FURTHER ORDERED that, if Plaintiff fails to cure the designated deficiencies
within thirty (30) days from the date of this order, this action may be dismissed
without further notice.
DATED July 16, 2014, at Denver, Colorado.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

4