Stovall v. Raemish

Filing 5

ORDER Directing Plaintiff to Cure Deficiencies; Plaintiff's Inmate Motion 3 is denied as unnecessary and improperly filed in this action, by Magistrate Judge Boyd N. Boland on 7/25/2014. (slibi, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-02069-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.)
JOEL STOVALL,
Plaintiff,
v.
RAEMISCH, Executive Director of D.O.C.,
Defendant.

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES

On July 24, 2014, Plaintiff submitted a Complaint, a Prisoner’s Motion and
Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915, and an Inmate Motion
Requesting to File Without Prepayment of Filing/Service Fees Pursuant to § 13-17.5103, C.R.S. As part of the Court’s review pursuant to D.C.COLO.LCivR 8.1(b), the
Court has determined that the documents are 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)
(3)
(4)
(5)

X

is not submitted
is missing affidavit
prisoner’s trust fund statement does not cover the most immediate six
months prior to Plaintiff filing this action
is missing certificate showing current balance in prison account
is missing required financial information

(6)
(7)
(8)
(9)

is missing authorization to calculate and disburse filing fee payments
is missing an original signature by the prisoner
is not on current Court-approved form
names in caption do not match names in caption of complaint, petition or
habeas application
other:

(10)

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

X

(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 and provide answers
to questions set forth on Court-approved form
other: Plaintiff must state how named defendant personally participated in
alleged constitutional violation

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. Use of Court-approved
forms is required to cure the deficiencies in the 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. It is

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FURTHER ORDERED that Plaintiff’s Inmate Motion , ECF No. 3, is denied as
unnecessary and improperly filed in this action.
DATED July 25, 2014, at Denver, Colorado.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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