Beltran, et al v. Falk et al

Filing 5

ORDER Directing Plaintiffs to Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 9/2/14. (morti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-02413-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.)
LOUIS R. BELTRAN, et al.
Plaintiffs,
v.
FRANCES FALK,
MATT HANSEN,
MAJOR BUTCHER,
CAPT. PLIEMAN,
CAPT. GABRIEL,
LT. KIRKLAND,
LT. KAREN COOPER, and
P. TORIBIO,
Defendants.

ORDER DIRECTING PLAINTIFFS TO CURE DEFICIENCIES
,
On August 29, 2014, Plaintiffs, who apparently are prisoners in the custody of
the Colorado Department of Corrections currently incarcerated at the correctional facility
in Limon, Colorado, submitted pro se a Prisoner Complaint (ECF No. 1) signed by six
individuals whose names are illegible and a Prisoner’s Motion and Affidavit for Leave to
Proceed Pursuant to 28 U.S.C. § 1915 (ECF No. 2) signed by six individuals whose
names are illegible. 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.
Plaintiffs will be directed to cure the following if they wish to pursue any claims in this
Court in this action. Any papers that Plaintiffs file in response to this order must include
the civil action number on this order.

28 U.S.C. § 1915 Motion and Affidavit:
(1)
X
is not submitted (Each Plaintiff must submit his own Prisoner’s Motion and
Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 and must use
and complete all pages of the Court’s current form revised 10/01/12 with
Authorization and Certificate of Prison Official)
(2)
is missing affidavit
(3)
X
is missing certified copy of prisoner’s trust fund statement for each Plaintiff
for the 6-month period immediately preceding this filing
(4)
is missing certificate showing current balance in prison account
(5)
is missing required financial information
(6)
is missing authorization to calculate and disburse filing fee payments
(7)
is missing an original signature by the prisoner
is not on proper form
(8)
(9)
names in caption do not match names in caption of complaint, petition or
habeas application
(10)
X
other: Plaintiffs may elect to pay the $400.00 filing fee in full
in lieu of submitting individual § 1915 motions and affidavits
for each Plaintiff.
Complaint, Petition or Application:
(11)
is not submitted
(12)
is not on proper form
(13)
is missing original signatures by prisoners
(14)
is missing page nos.
(15)
X
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
(18)
X
other: Names of Plaintiffs are illegible.
Accordingly, it is
ORDERED that Plaintiffs cure the deficiencies designated above within thirty
days from the date of this order. Any papers that Plaintiffs file in response to this
order must include the civil action number on this order. It is
FURTHER ORDERED that Plaintiffs shall obtain the Court-approved forms for
filing a Prisoner Complaint and Prisoner’s Motion and Affidavit for Leave to Proceed
Pursuant to 28 U.S.C. § 1915 (with the assistance of their case manager or the facility’s
legal assistant), along with the applicable instructions, at www.cod.uscourts.gov. It is

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FURTHER ORDERED that, if any Plaintiff fails to cure the designated
deficiencies as directed within thirty days from the date of this order, that Plaintiff
will be dismissed as a party to this action and the action may be dismissed without
further notice. It is
FURTHER ORDERED that the clerk of the Court mail a copy of this order to the
only known Plaintiff, Louis R. Beltran.
DATED September 2, 2014, at Denver, Colorado.
BY THE COURT:
s/Boyd N. Boland
United States Magistrate Judge

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