White v. Greyson et al

Filing 3

ORDER Directing Plaintiff to Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 8/04/2014. (slibi, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-02041-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.)
JUSTIN WHITE,
Plaintiff,
v.
GREYSON, Correctional Officer,
DR. ENGLE,
ARAGON, Sgt., DRDC,
Defendants.

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES

On July 22, 2014, Plaintiff, Justin White, initiated this action by filing a Motion
and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915. (ECF No. 1). In the
motion, Mr. White states that he intends to assert claims against the Defendants for
“deliberate indifference” and “life endangerment.” (Id. at 1). Accordingly, this case has
been opened as a civil rights action pursuant to 28 U.S.C. § 1331 and Bivens v. Six
Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971). As part of
the Court’s review pursuant to D.C.COLO.LCivR 8.1(b), the Court has determined that
there is a deficiency in this action. 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)

is not submitted
is missing affidavit

(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)

copy of prisoner’s trust fund statement for the 6-month period immediately
preceding this filing
trust fund account statement is missing certification by authorized prison
official
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:

Complaint, Petition or Application:
is not submitted (Plaintiff must submit Complaint on the court-approved
(11)
X
Prisoner Complaint form).
(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
addresses must be provided for all defendants/respondents in “Section A.
(17)
Parties” of complaint, petition or habeas application
(18)
other:
Accordingly, it is
ORDERED that Plaintiff cure the deficiencies 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 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, and shall use the form
in submitting his Complaint. It is
FURTHER ORDERED that if Plaintiff fails to cure the designated deficiencies
within thirty days from the date of this Order the action will be dismissed without
further notice.

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DATED August 4, 2014, at Denver, Colorado.
BY THE COURT:

s/Boyd N. Boland
United States Magistrate Judge

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