Adkins v. Schmidt et al

Filing 4

ORDER Directing Plaintiff to Cure Deficiency, by Magistrate Judge Boyd N. Boland on 9/4/14. (morti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-02454-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.)
CHET HARVEY ADKINS,
Plaintiff,
v.
JOE SCHMIDT, Individually and as the Commissioner of the Alaska Department of
Corrections,
CHRISTOPHER PAGEL, Individually and as an Employee of the Hudson Correctional
Facility and the GEO Group, and
JOE E. DRIVER, Individually and as an Employee of the Hudson Correctional Facility
and the GEO GROUP,
Defendants.

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCY

Plaintiff, Chet Harvey Adkins, is a prisoner in the custody of the Alaska
Department of Corrections who currently is incarcerated at the Palmer Correctional
Center in Palmer, Alaska. Plaintiff initiated this action by filing pro se a Complaint
pursuant to 28 U.S.C. § 1343(a)(3) and paying the $400 filing fee in the United States
District Court for the District of Alaska. In an order entered on September 3, 2014, the
District of Alaska transferred the action to this Court pursuant to 28 U.S.C. § 1631.
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:
(1)
is not submitted (Must use Court-approved form revised 10-1-12.)
(2)
is missing affidavit
(3)
is missing certified copy of prisoner's trust fund statement for the 6-month
period immediately preceding this filing
(4)
is missing certificate showing current balance in prison account
(5)
is missing authorization to calculate and disburse filing fee payments
(6)
is missing an original signature by the prisoner
(7)
other: In the alternative Plaintiff may pay the $400 filing fee.
Complaint, Petition or Application:
(8)
is not submitted
(9)
X
is not on proper form (must use the Court’s current form)
is missing an original signature by the prisoner
(10)
(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 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 the 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. It is
FURTHER ORDERED that if Plaintiff fails to cure the designated deficiency
within thirty days from the date of this Order the Complaint and the action may 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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