Penrod v. Hickenlooper et al
Filing
4
ORDER Directing Plaintiff to Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 08/26/14. (nmarb, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-02329-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.)
DONALD ADAM PENROD,
Plaintiff,
v.
JOHN HICKENLOOPER,
JOHN SUTHERS,
PAUL KOEHLER,
JOHN ROBERT LOWENBACH,
ELLOISE COHEN,
DON QUICK, and
COUNTY OF ADAMS,
Defendants.
ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES
Plaintiff, Donald Adam Penrod, is a prisoner in the custody of the Colorado
Department of Corrections who currently is incarcerated at the Centennial Correctional
Facility in Cañon City, Colorado. He submitted pro se a Prisoner Complaint (ECF No.
1) and two pages from a Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant
to 28 U.S.C. § 1915 (ECF No. 2), together with a certified account statement for the sixmonth period immediately preceding this filing. 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 his claims. Any papers that Plaintiff files in response to this order must include
the civil action number noted above in the caption of this order.
28 U.S.C. § 1915 Motion and Affidavit:
(1)
X
is not submitted on complete current form (must use and complete all
pages of the court’s current form revised 10/01/12 with Authorization and
Certificate of Prison Official)
is missing affidavit
(2)
(3)
is missing certified copy of prisoner's trust fund statement for the 6-month
period immediately preceding this filing
is missing certificate showing current balance in prison account
(4)
(5)
is missing required financial information
is missing an original signature by the prisoner
(6)
(7)
is not on proper form
(8)
names in caption do not match names in caption of complaint, petition or
habeas application
(9)
An original and a copy have not been received by the court.
Only an original has been received.
(10)
X
other: § 1915 motion and affidavit and certified account statement, which
Plaintiff already has submitted, only are necessary if $400.00 filing fee is
not paid in full in advance.
Complaint, Petition or Application:
(11)
is not submitted
(12)
is not on proper form (must use the court’s current form)
is missing an original signature by the prisoner
(13)
(14)
is missing page nos.
(15)
uses et al. instead of listing all parties in caption
(16)
An original and a copy have not been received by the court. Only an
original has been received.
Sufficient copies to serve each defendant/respondent have not been
(17)
received by the court.
(18)
names in caption do not match names in text
(19)
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 (with the assistance of his case
manager or the facility’s legal assistant) the Court-approved form for filing a Prisoner’s
Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915, along with the
applicable instructions, at www.cod.uscourts.gov. It is
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FURTHER ORDERED that Plaintiff may pay the full $400.00 filing fee in lieu of
submitting a Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C.
§ 1915. It is
FURTHER ORDERED that, if Plaintiff fails to cure the designated deficiencies
within thirty days from the date of this order, the Prisoner Complaint and the action
will be dismissed without further notice.
DATED August 26, 2014, at Denver, Colorado.
BY THE COURT:
s/Boyd N. Boland
United States Magistrate Judge
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