Birdsall v. Director Human Services et al

Filing 4

ORDER Directing Plaintiff to Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 8/11/14. (morti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 14-cv-02214-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.)
DAVID E. BIRDSALL,
Plaintiff,
v.
DIRECTOR HUMAN SERVICES,
NICOLE Y. HOARD, and
OTHER SOCIAL WORKER,
Defendants.

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES

Plaintiff has submitted a Prisoner’s Motion and Affidavit for Leave to Proceed
Pursuant to 28 U.S.C. § 1915 and a Prisoner Complaint although it does not appear that
Plaintiff is a prisoner. As part of the court’s review pursuant to D.C.COLO.LCivR 8.1(a),
the court has determined that the submitted documents are deficient as described in
this order. Plaintiff will be directed to cure the following if he wishes to pursue his
claims. Any papers that Plaintiff files in response to this order must include the civil
action number on this order.
Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915:
is not submitted
(1)
(2)
xx
is not on proper form (must use the court’s current nonprisoner form)
(3)
is missing original signature by plaintiff/petitioner/applicant
(4)
is missing affidavit
affidavit is incomplete
(5)
(6)
affidavit is not notarized or is not properly notarized

(7)
(8)

names in caption do not match names in caption of complaint, petition or
application
other:
.

Complaint or Petition:
(9)
is not submitted
is not on proper form (must use the court’s current nonprisoner form)
(10) xx
(11)
is missing an original signature by the plaintiff/petitioner/applicant
(12)
is incomplete
(13)
uses et al. instead of listing all parties in caption
(14)
names in caption do not match names in text
addresses must be provided for all defendants/respondents in “Section A.
(15) xx
Parties” of complaint, petition or habeas application
(16)
other:
.
Accordingly, it is
ORDERED that Plaintiff 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 Motion and
Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 and Complaint forms, along
with the applicable instructions, at www.cod.uscourts.gov. It is
FURTHER ORDERED that, if Plaintiff fails to cure the designated deficiencies
within thirty (30) days from the date of this order, the complaint and the action will
be dismissed without further notice. The dismissal shall be without prejudice.
DATED August 11, 2014, at Denver, Colorado.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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