Sanchez v. Booth et al
Filing
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ORDER Directing Plaintiff to Cure Deficiency, by Magistrate Judge Boyd N. Boland on 8/07/2014. (slibi, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-02113-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.)
FELIBERTO SANCHEZ,
Plaintiff,
v.
DAVE BOOTH,
ROBIN BURKETT,
TIMMARIE D. BALLARD, and
OFFICER WERTH,
Defendants.
ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCY
On July 30, 2014, Plaintiff submitted a Prisoner Complaint to the Court. Plaintiff
challenges the conditions of his confinement pursuant to 42 U.S.C. § 1983 and 28
U.S.C. § 1343. As part of the Court’s review pursuant to D.C.COLO.LCivR 8.1(b), the
Court has determined a deficiency 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)
(6)
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
is missing authorization to calculate and disburse filing fee payments
(7)
(8)
(9)
(10)
X
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: In the alternative Plaintiff may pay the $400 filing fee
in full.
Complaint, Petition or Application:
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
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:
Accordingly, it is
ORDERED that Plaintiff cure the deficiency 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 form used in
requesting leave to proceed pursuant to 28 U.S.C. § 1915 in a prisoner complaint (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 a Court-approved form is
required to cure the deficiency in the Complaint if Plaintiff desires to proceed pursuant
to § 1915. It is
FURTHER ORDERED that, if Plaintiff fails to cure the designated deficiency
within thirty days from the date of this Order, the action will be dismissed without
further notice.
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DATED August 7, 2014, at Denver, Colorado.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge
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