Session v. Clemings et al

Filing 5

ORDER Directing Plaintiff to Cure Deficiency, by Magistrate Judge Boyd N. Boland on 8/29/14. (morti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-02406-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.)
FRANKY L. SESSION,
Plaintiff,
v.
DEPUTY SHERIFF CLEMINGS,
DEPUTY SHERIFF ANDREWS,
SHERIFF CAPTAIN ROMERO,
SHERIFF SERGEANT JORDAN,
DEPUTY SHERIFF AREANO,
DEPUTY SHERIFF CASSITY,
DENVER SHERIFF CHIEF DIGGINS,
DENVER SHERIFF DEPARTMENT, All in Their Individual and Official Capacity,
Defendants.

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCY

On August 28, 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)

is not submitted
is missing affidavit

(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)

X

prisoner’s trust fund account statement is not for 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)

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:

Accordingly, it is
ORDERED that Plaintiff cure the deficiency 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, if Plaintiff fails to cure the designated deficiency
within thirty days from the date of this Order, the action will be dismissed without
further notice.
DATED August 29, 2014, at Denver, Colorado.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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