Sutton v. La Page et al

Filing 5

ORDER Directing Plaintiff to Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 08/28/14. (nmarb, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 14-cv-02387-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.)

JOSHUA LAMONT SUTTON,
Plaintiff,
v.
FRAN LaPAGE, Religious Programs Coordinator for the Pueblo County Sheriff’s Office,
In both her Individual and Official Capacities, and
SEVERAL OTHER OFFICERS OF THE SAME SHERIFF”S OFFICE, Whose Names
are Unknown,
Defendants.

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES

On August 27, 2014, Plaintiff submitted a Complaint and a Prisoner’s Motion and
Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915. 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 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)

X

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

is not submitted
is missing affidavit
prisoner’s trust fund statement does not cover all of 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
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:

Complaint, Petition or Application:
(11)
(12)
(13)
(14)
(15)
(16)
(17)

(18)

X

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: Plaintiff must state how named defendants personally participated
in alleged constitutional violation.

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 Court-approved Prisoner
Complaint form (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 Courtapproved form is required to cure the deficiencies in the Complaint. It is
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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.
DATED August 28, 2014, at Denver, Colorado.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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