Nez, Jr. v. Four Unknow [sic] Officers

Filing 3

ORDER Directing Plaintiff To Cure Deficiencies, by Magistrate Judge Boyd N. Boland on 09/16/14. (nmarb, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 14-cv-02548-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.)
CALVIN J. NEZ, JR.,
Plaintiff,
v.
FOUR UNKNOWN OFFICERS, USP FLORENCE,
Defendants.

ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCIES

Plaintiff, Calvin J. Nez, Jr., is a prisoner in the custody of the Federal Bureau of
Prisons currently incarcerated at the United States Penitentiary in Pine Knot, Kentucky.
He has filed pro se a complaint (ECF No. 1) pursuant to 42 U.S.C. § 1331 and Bivens v.
Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388.
As part of the court’s review pursuant to D.C.COLO.LCivR 8.1(b), the court has
determined that the submitted document is deficient as described in this order. Plaintiff
will be directed to cure the following if he wishes to pursue his claims. 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)
X
is not submitted (must submit the court’s current form with Authorization
and Certificate of Prison Official)
is missing affidavit
(2)
(3)
X
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 required financial information

(6)
(7)
(8)
(9)
(10)

X

is missing an original signature by the prisoner
is not on proper form
names in caption do not match names in caption of complaint, petition or
habeas application
An original and a copy have not been received by the court.
Only an original has been received.
other: § 1915 motion and affidavit and certified account statement only
are necessary if $400.00 filing fee is not paid in full in advance.

Complaint, Petition or Application:
is not submitted
(11)
(12)
X
is not on proper form (must use the court’s current form)
(13)
is missing an original signature by the prisoner
(14)
is missing page nos.
(15)
uses et al. instead of listing all parties in caption
(16)
An original and a copy have not been received by the court. Only an
original has been received.
(17)
Sufficient copies to serve each defendant/respondent have not been
received by the court.
(18)
names in caption do not match names in text
other:
(19)
Accordingly, it is
ORDERED that Plaintiff, Calvin J. Nez, cure the deficiencies designated above
within thirty (30) 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 (with the assistance of his case
manager or the facility’s legal assistant) the Court-approved forms for filing a Prisoner’s
Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 and a Prisoner
Complaint, along with the applicable instructions, at www.cod.uscourts.gov, and shall
use those forms in curing the designated deficiencies and in filing the Prisoner
Complaint. It is
FURTHER ORDERED that, if Plaintiff fails to cure the designated deficiencies or
file a Prisoner Complaint as directed within thirty days from the date of this order,
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the action will be dismissed without further notice.
DATED September 16, 2014, at Denver, Colorado.
BY THE COURT:

s/Boyd N. Boland
BOYD N. BOLAND
United States Magistrate Judge

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