Law v. Lombardi et al

Filing 4

ORDER Directing Plaintiff to Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 8/12/2014. (slibi, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-02228-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.)
DON LAW,
Plaintiff,
v.
MS. KERRI LOMBARDI, #23291, Deputy District Attorney, and
JOHN W. SUTHERS, Attorney General for the State of Colorado,
Defendants.

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES

On August 11, 2014, Plaintiff submitted to the Court a pleading titled, “False
Verdict Tort.”

In the pleading, Plaintiff asks that the Court vacate his January 17, 2001

state conviction and award him damages. As part of the Court’s review pursuant to
D.C.COLO.LCivR 8.1(b), the Court has determined that the request for relief and the
documents submitted to the Court are deficient as described in this Order.
Plaintiff may not request that his criminal case be vacated and that he be
awarded damages in the same cause of action. Plaintiff may challenge his conviction in
a 28 U.S.C. § 2254 action. A request for damages for an invalidated conviction is
available only in a civil complaint.
Plaintiff, therefore, 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)
(7)
(8)
(9)
(10)

is not submitted
is missing affidavit
is missing certified copy of prisoner’s trust fund statement for the either a
current balance, if a 28 U.S.C. § 2254 action, or a 6-month period
immediately preceding this filing, if a prisoner complaint 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 if a
prisoner complaint
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:
(11)
is not submitted
is not on proper form (Plaintiff may find the Court-approved forms at
(12)
X
www.cod.uscourts.gov.)
(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
names in caption do not match names in text
(16)
(17)
addresses must be provided for all defendants/respondents in “Section A.
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 proper forms, depending on
the type of action Plaintiff intends to file (with the assistance of his case manager or the
facility’s legal assistant), along with the applicable instructions, at
www.cod.uscourts.gov. Plaintiff must use the Court-approved forms when curing the
deficiencies. It is

2

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
FURTHER ORDERED that service of process is premature at this time. Any
attempt by Plaintiff to effect service will be quashed. It is
FURTHER ORDERED that no response from Defendants is proper at this time
and no decision on the merits will be forthcoming until Plaintiff has cured the noted
deficiencies.
DATED August 12, 2014, at Denver, Colorado.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

3