Taylor v. No Named Defendant
Filing
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ORDER Directing Plaintiff to Cure Deficiencies and File Complaint that Complies with Rule 8, by Magistrate Judge Craig B. Shaffer on 7/18/14. (morti, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-01988-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.)
JOHN BIRD TAYLOR,
Plaintiff,
v.
[NO NAMED DEFENDANT],
Defendant.
ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES AND
FILE COMPLAINT THAT COMPLIES WITH RULE 8
Plaintiff, John Bird Taylor, is a prisoner in the custody of the Colorado
Department of Corrections who currently is incarcerated at the Kit Carson Correctional
Center in Burlington, Colorado. Mr. Taylor, acting pro se, attempted to initiate this
action on July 17, 2014, by filing with the Court a letter concerning payment of debts
(ECF No. 1), a notice of default (ECF No. 3), and a petition to pay debts (ECF No. 4),
each of which is unintelligible. The Court has opened this case under 42 U.S.C. § 1983
because Mr. Taylor is a state prisoner and does not appear to be asserting a challenge
to the fact or duration of his conviction or sentence. 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:
is not submitted (must use and complete all pages of the Court’s current
(1)
X
form revised 10/01/12 with Authorization and Certificate of Prison Official)
(2)
is missing affidavit
is missing certified copy of prisoner's trust fund statement for the 6-month
(3)
X
period immediately preceding this filing
(4)
is missing certificate showing current balance in prison account
(5)
is missing required financial information
(6)
is missing an original signature by the prisoner
is not on proper form
(7)
(8)
names in caption do not match names in caption of complaint, petition or
habeas application
An original and a copy have not been received by the Court.
(9)
Only an original has been received.
(10)
X
other: Plaintiff may pay $400.00 (the $350.00 filing fee plus a $50.00
administrative fee) in lieu of filing a § 1915 Motion and Affidavit and a
certified copy of his six months’ trust fund statement.
Complaint, Petition or Application:
(11)
X
is not submitted
(12)
is not on proper form
(13)
is missing an original signature by the prisoner
(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
(17)
addresses must be provided for all defendants/respondents in “Section A.
Parties” of complaint, petition or habeas application
(18)
other:
Plaintiff is warned that the Prisoner Complaint he files must comply with the
pleading requirements of Rule 8 of the Federal Rules of Civil Procedure. 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
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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 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. Taylor 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 Plaintiff, John Bird Taylor, cure the deficiencies designated
above within thirty (30) days from the date of this order. Any papers that Plaintiff
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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 Prisoner’s 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, 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
and file a Prisoner Complaint within thirty (30) days from the date of this order, this
action will be dismissed without further notice.
DATED July 18, 2014, at Denver, Colorado.
BY THE COURT:
s/Craig B. Shaffer
CRAIG B. SHAFFER
United States Magistrate Judge
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