Baker v. Hillyer et al

Filing 4

ORDER Directing Plaintiff to Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 9/04/2014. (slibi, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-02444-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.)
LEROY W. BAKER,
Plaintiff,
v.

OFFICER HILLYER, Officer Sterling Correctional Facility,
OFFICER ROSE, Officer Sterling Correctional Facility,
OFFICER RHOSE, Officer Sterling Correctional Facility, and
ALL OTHER UNIDENTIFIED EMPLOYEES RESPONSIBLE FOR THE TAKING OF
PROPERTY WITHOUT JUST COMPENSATION,
Defendants.

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES

Plaintiff, Leroy W. Baker, is a prisoner in the custody of the Colorado Department
of Corrections who currently is incarcerated at Sterling Correctional Facility in Sterling,
Colorado. Plaintiff initiated this action by filing pro se a Prisoner Complaint and a
Prisoner’s Motion and Affidavit 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 submitted documents are deficient as described in this Order.
Plaintiff will be directed to cure the following if he wishes to pursue his claims in this
Court in this action. 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:
Motion submitted is not the most current form
(1)
X
(2)
is missing affidavit
Is missing certified copy of prisoner's trust fund statement for the 6-month
(3)
X

(4)
(5)
(6)
(7)

X

period immediately preceding this filing
is missing certificate showing current balance in prison account
is missing authorization to calculate and disburse filing fee payments
is missing an original signature by the prisoner
other:

Complaint, Petition or Application:
(8)
is not submitted
is not on proper form (must use the Court’s current form)
(9)
(10)
is missing an original signature by the prisoner
(11)
is missing page nos.
(12)
uses et al. instead of listing all parties in caption
(13)
names in caption do not match names in text
other:
(14)
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’s
Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 form (Revised
10/1/12) (with the assistance of his case manager or the facility’s legal assistant), along
with the applicable instructions, at www.cod.uscourts.gov. Plaintiff is required to use
current Court-approved forms when curing deficiencies. It is
FURTHER ORDERED that if Plaintiff fails to cure the designated deficiencies
within thirty days from the date of this Order the Complaint and the action will be
dismissed without further notice.
DATED: September 4, 2014, at Denver, Colorado.
BY THE COURT:
s/Boyd N. Boland
United States Magistrate Judge

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