Perreten v. No Named Defendant

Filing 3

ORDER Directing Plaintiff to Cure Deficiencies and File Complaint that Complies with Rule 8, by Magistrate Judge Boyd N. Boland on 8/28/14. (morti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 14-cv-02365-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.)
ROBERT PERRETEN,
Plaintiff,
v.
[NO NAMED DEFENDANT],
Defendant.

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES AND
FILE COMPLAINT THAT COMPLIES WITH RULE 8

Plaintiff, Robert Perreten, is incarcerated at the Arapahoe County Detention
Facility in Centennial, Colorado. Mr. Perreten, acting pro se, attempted to initiate this
action on August 26, 2014, by filing a letter to the Court complaining about the
conditions of his confinement. As part of the Court’s review pursuant to
D.C.COLO.LCivR 8.1(b), the Court has determined that the letter is 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:
is not submitted (must use the Court’s current form revised 10/01/12 with
(1)
X
Authorization and Certificate of Prison Official)
is missing affidavit
(2)
(3)
X
is missing certified copy of prisoner's trust fund statement for the 6-month
period immediately preceding this filing

(4)
(5)
(6)
(7)
(8)
(9)
(10)

X

is missing certificate showing current balance in prison account
is missing required financial information
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
An original and a copy have not been received by the Court.
Only an original has been received.
other: Plaintiff may pay $400.00 (the $350.00 filing fee plus a $50.00
administrative fee) in lieu of filing a § 1915 Motion and Affidavit and a
certified copy of his six months’ trust fund statement.

Complaint, Petition or Application:
is not submitted
(11)
X
(12)
is not on proper form
(13)
is missing an original signature by the prisoner
is missing page nos.
(14)
(15)
uses et al. instead of listing all parties in caption
(16)
names in caption do not match names in text
(17)
addresses must be provided for all defendants/respondents in “Section A.
Parties” of complaint, petition or habeas application
other:
(18)
The Prisoner Complaint Plaintiff files must comply with the pleading requirements
of Rule 8 of the Federal Rules of Civil Procedure. The twin purposes of a complaint are
to give the opposing parties fair notice of the basis for the claims against them so that
they may respond and to allow the court to conclude that the allegations, if proven,
show that the plaintiff is entitled to relief. See Monument Builders of Greater Kansas
City, Inc. v. American Cemetery Ass’n of Kansas, 891 F.2d 1473, 1480 (10th Cir. 1989).
The requirements of Fed. R. Civ. P. 8 are designed to meet these purposes. See TV
Communications Network, Inc. v. ESPN, Inc., 767 F. Supp. 1062, 1069 (D. Colo. 1991),
aff’d, 964 F.2d 1022 (10th Cir. 1992). Specifically, Rule 8(a) provides that a complaint
“must contain (1) a short and plain statement of the grounds for the court’s jurisdiction, .
. . (2) a short and plain statement of the claim showing that the pleader is entitled to
2

relief; and (3) a demand for the relief sought.” The philosophy of Rule 8(a) is reinforced
by Rule 8(d)(1), which provides that “[e]ach allegation must be simple, concise, and
direct.” Taken together, Rules 8(a) and (d)(1) underscore the emphasis placed on
clarity and brevity by the federal pleading rules. Prolix, vague, or unintelligible pleadings
violate Rule 8.
Claims must be presented clearly and concisely in a manageable format that
allows a court and a defendant to know what claims are being asserted and to be able
to respond to those claims. New Home Appliance Ctr., Inc., v. Thompson, 250 F.2d
881, 883 (10th Cir. 1957). For the purposes of Rule 8(a), “[i]t is sufficient, and indeed all
that is permissible, if the complaint concisely states facts upon which relief can be
granted upon any legally sustainable basis.” Id.
In order to state a claim in federal court, Plaintiff “must explain what each
defendant did to him or her; when the defendant did it; how the defendant’s action
harmed him or her; and, what specific legal right the plaintiff believes the defendant
violated.” Nasious v. Two Unknown B.I.C.E. Agents, 492 F.3d 1158, 1163 (10th Cir.
2007).
Accordingly, it is
ORDERED that Plaintiff, Robert Perreten, 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 forms for
filing a Prisoner’s Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. §
1915 and a Prisoner Complaint, along with the applicable instructions, at
3

www.cod.uscourts.gov, and shall use those forms in curing the designated deficiencies
and in filing a Prisoner Complaint that complies with Rule 8 of the Federal Rules of Civil
Procedure. It is
FURTHER ORDERED that, if Plaintiff fails to cure the designated deficiencies
and file a Prisoner Complaint within thirty (30) days from the date of this order, this
action will be dismissed without further notice.
DATED August 28, 2014, at Denver, Colorado.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

4